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His lawyers acknowledged that O’Neill was convicted in 2010 of making unlawful payments to a union representative in 2004. But they note that he provided substantial cooperation to the government “at great personal risk to himself and his business.”

“A man who does so much work for humanity needs to be spared jail time,” the Rev. Jonathan Yabiliyok, a Nigerian church leader wrote. “Finbar is a man whom I believe would affect humanity more positively on the outside than in the walls of a prison cell.”

But contrary to how O’Neill’s attorneys depict the circumstances, “bad luck was not the culprit here,” assistant prosecutors Steven J. Kochevar and Stephanie Simon wrote in a sentencing letter.

He willfully defied a simple construction regulation “to save time and money.” Even after he was warned that the concrete blocks could cause death or injury, and as dirt towered over workers, more soil was added.

The wall was not built to protect workers, the prosecutors contend, but to cut costs. Moreover, the workers needed protection because O’Neill and Onekey had already deviated from the engineering plan.

The prosecutors noted that O’Neill’s previous conviction was for fraud and extortion that allowed him to defraud a benefits fund. Before that, he was convicted of falsifying business records. In both cases, he received no jail time and was put on probation for five years.

“The common thread among these offenses is lack of honesty and cutting corners in business,” they wrote.

They recommended a prison sentence of no less than three months for O’Neill and a fine of no less than $250,000 for Onekey.

Insubstantial sentences, the prosecutors wrote, “will confirm a perception that construction companies can cut corners and receive a slap on the wrist.”