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?
For years, it has been unsettled in the Fourth Circuit Court of Appeals whether a white-collar defendant may be held accountable for intended loss amounts during sentencing in fraud and other financial harm cases. Prosecutors...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
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
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
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
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
The United States Sentencing Commission recently adopted amendments to its Guidelines Manual, and they include some noteworthy changes. The proposed amendments were submitted to Congress on April 27, 2023. Absent...more
Last week, the Sixth Circuit and Supreme Court issued opinions on criminal law that could affect trial and sentencing strategy for white collar defendants in regulated industries. District court discretion does not...more
Recently, Womble Bond Dickinson held its First Annual Health Care Fraud Symposium, a webinar designed to discuss critical healthcare fraud topics. WBD Partner Joe Whitley moderated a discussion with WBD attorneys Luke Cass,...more
On February 22, 2023, the U.S. Department of Justice ("DOJ" or "Department") announced the Voluntary Self-Disclosure Policy ("VSD Policy" or "Policy"), detailing the circumstances under which a company can receive credit for...more
The U.S. Department of Justice (DOJ) formally implemented a nationwide Voluntary Self-Disclosure policy (VSD policy) on February 22, 2023—effective immediately—that has been in the works for several years. The VSD policy...more
On February 22, 2023, the Department of Justice announced a new Voluntary Self-Disclosure Policy (the Disclosure Policy) that now governs corporate prosecutions by US Attorney’s Offices (USAOs) nationwide. Building on a 2022...more
Key Points - On January 17, 2023, Assistant Attorney General Kenneth A. Polite, Jr. announced revisions to the DOJ Criminal Division’s corporate enforcement policy that offer new incentives to self-disclose corporate...more
Summary - The Department of Justice (DOJ) last week issued revisions to the Criminal Division’s Corporate Enforcement Policy that incentivize companies to promptly self-disclose corporate misconduct, cooperate with the DOJ,...more
The U.S. Department of Justice (DOJ), through Assistant Attorney General Kenneth A. Polite Jr., announced on Jan. 17, 2023, "the first significant changes" to its Corporate Enforcement Policy (CEP) since 2017. The revisions...more
Last Monday, the Eleventh Circuit ruled that the Middle District of Florida’s sentence of probation for former physician Nicole Bramwell in a $4.4 million Tricare fraud case was substantively unreasonable. The district...more
Headlines everywhere from People Magazine to the Wall Street Journal remind us that white collar crime is in the news. Both Ghislaine Maxwell and Elizabeth Holmes have been convicted and await sentencing. How are those...more
Court Holds 2009 Amendments to 31 U.S.C. § 3729(a)(1)(B) Apply Retroactively - United States ex rel. International Brotherhood of Electrical Workers Local Union No. 98 v. The Fairfield Company (July 13, 2021), No. 20-1922...more
Over 90 percent of federal defendants plead guilty, and 83 percent of those who go to trial are convicted on at least one count.1 In most indicted federal cases, the question is not how to persuade a jury at trial, but how to...more
In December, the U.S. Sentencing Commission issued a report on the influence of the U.S. sentencing guidelines on average sentences imposed. The commission found that the guidelines "generally continue to have a substantial...more