The Justice Insiders Podcast - Demystifying Sentences for White Collar Crimes: What's Next for SBF
FCPA Compliance Report - Eric Morehead - The US Sentencing Guidelines at 30
The Sentencing Guidelines at Thirty
Elizabeth Holmes, Ghislaine Maxwell, and the Federal Sentencing Guidelines [More with McGlinchey, Ep. 34]
Podcast: Conductive Discussions Episode 2: Criminal Prosecution of Trade Secret Theft, with a Focus on China
Podcast - Risk Management: Revised FCPA Corporate Enforcement Policy
Legal Risk Management Forum: panel highlights
This Week in FCPA-Episode 55, the Covfefe Edition
FCPA Compliance and Ethics Report-Episode 30-Interview with the FCPA Professor-Part 2
How do the federal sentencing guidelines work in federal fraud cases?
How do the federal sentencing guidelines work?
How Does A Federal Judge Decide What Sentence To Impose In a Federal Criminal Case?
In Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024), the Supreme Court did away with the “Chevron Doctrine” essentially eliminating the Judiciary’s mandated deference to agency interpretations of ambiguous...more
Every compliance program begins with a code of conduct. The code of conduct expresses a company’s fundamental values and its commitment to living by them. Although a code of conduct is usually a very high-level document, it...more
On July 1, 2024, the last day of the 2023-2024 term, the Supreme Court of the United States issued four decisions: Trump v. United States, No. 23-939: This case concerns the scope of former President Donald J. Trump’s...more
The Supreme Court of the United States issued five decisions today: United States v. Rahimi, No. 22-915: This Second Amendment case addresses the constitutionality of 18 U.S.C. § 922(g)(8), which makes it a crime for an...more
This month, the government is asking for a pair of 10-year prison sentences for two Gree USA Inc. executives convicted of failing to report defective humidifiers. This comes after the two were found guilty of conspiracy to...more
The Supreme Court of the United States issued three decisions today: Alexander v. South Carolina State Conference of the NAACP, No. 22-807: This case concerns the interplay between allegations of racial and partisan...more
For too long, judges have been permitted at sentencing to consider anything they deem “relevant,” including allegations that were considered and rejected by a jury. So-called “acquitted conduct sentencing” clearly offends...more
The U.S. Sentencing Guidelines play an enormous role in federal sentencing. While courts are not required to follow the guidelines, the guidelines remain the starting point for determining a defendant’s ultimate sentence. For...more
On April 17, 2024, the seven-member panel of the U.S. Sentencing Commission voted to adopt an amendment prohibiting judges from using acquitted conduct in applying the federal sentencing guidelines. Previously, and consistent...more
Since the Supreme Court’s decision in United States v. Watts, 19 US 148 (1997), judges have been permitted to consider acquitted conduct when calculating a defendant’s sentencing guidelines range and determining their...more
Host Gregg N. Sofer welcomes Husch Blackwell’s Jonathan Porter back to the podcast to discuss the sentencing of Sam Bankman-Fried, the founder and former CEO of the bankrupt cryptocurrency exchange FTX, who was convicted in...more
On December 26, 2023, the U.S. Sentencing Commission (“USSC”) proposed several amendments to its Guidelines Manual (the “Guidelines”). Two of these proposed amendments have the potential to especially impact sentencing...more
The Supreme Court of the United States issued three decisions today: Lindke v. Freed, No. 22-611: This case addresses whether a public official violates the First Amendment by blocking individuals from commenting on the...more
Last month, special counsel Robert Hur issued a report detailing his reasons for declining to charge President Joe Biden for retaining classified documents from Biden's time as vice president. Regardless of one's views on its...more
At last week’s ABA National White Collar Crime Institute, the leadership of the Department of Justice (the DOJ or the Department), including Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco, made clear...more
On March 7, 2024, Deputy Attorney General Lisa Monaco announced Department of Justice (DOJ) initiatives to incentivize whistleblowers with payouts from civil or criminal forfeitures and to integrate artificial intelligence...more
In federal court, “not guilty” doesn’t always mean no punishment. Under a quirk of federal sentencing law, judges are permitted to consider at sentencing anything that they consider relevant, including conduct for which a...more
Deputy U.S. Attorney General Lisa Monaco recently sparked debate by stating, “Like a firearm, AI can enhance the danger of a crime.” And just as prosecutors can seek enhanced sentences for offenses involving firearms, the...more
When the Corporate Transparency Act took effect earlier this month, most commentary rightly focused on the obligations it imposed and the measures necessary to comply with its terms. As part of that analysis, commentators...more
We continue our exploration of the SAP Foreign Corrupt Practices Act (FCPA) enforcement action. Today we go full geek in a look at the fine and penalty and most importantly what the fine and penalty communicate about what the...more
This article discusses Amendment 821 to the Sentencing Guidelines, which went into effect on November 1, 2023, adding a new “zero-point offender” adjustment. The white-collar bar lauded this amendment, which—at first...more
The Justice Department’s FCPA enforcement record for 2024 was slow. This trend was unexpected, contrary to my own predictions and of various other prognosticators. It is hard to explain why this slowdown occurred....more
Board Oversight of the Compliance Program - The GCPG cross-references the US Sentencing Guidelines board responsibility requirements of the organization’s compliance program, and provides that the board shall “be...more
Effective November 1, 2023, the United States Sentencing Commission’s Amendment 821, also known as the “2023 Criminal History Amendment,” has officially become part of the federal sentencing guidelines. Thousands of...more
In a huge victory for white collar defendants and lawyers alike, the US Sentencing Commission (the “Commission”) recently announced several key amendments to existing federal sentencing guidelines will be effective November...more