News & Analysis as of

Fraud Federal Sentencing Guidelines

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Bradley Arant Boult Cummings LLP

Are the Corporate Transparency Act’s Criminal Provisions a Positive Development?

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

Jackson Walker

Major Case Update: Fifth Circuit Declines to Transform How Courts Apply Sentencing Guidelines

Jackson Walker on

On July 24, 2023, the United States Court of Appeals for the Fifth Circuit issued its much-anticipated en banc decision United States v. Vargas, 21-20140...more

Womble Bond Dickinson

Current Trends and Real-World Best Practices in Healthcare Fraud Compliance

Womble Bond Dickinson on

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

Foley & Lardner LLP

Sentencing Guidelines: Third Circuit Rejects Use of “Intended” Loss in Favor of “Actual” Loss

Foley & Lardner LLP on

Sentencing in federal fraud cases is driven by loss amounts. To seek a higher sentencing guidelines range, the government often relies on a defendant’s “intended” loss,” rather than the “actual” loss. That approach no longer...more

BakerHostetler

Is This the Beginning of a Sentencing Revolution?

BakerHostetler on

Key Takeaways - ..The Third Circuit recently decided that the loss enhancement to the fraud guideline in the U.S. Sentencing Guidelines applies only to “actual loss” and not to “intended loss.” ..While the primary...more

Ballard Spahr LLP

United States v. Banks: The Third Circuit Weighs in on Calculating Loss Enhancements Under U.S.S.G. § 2B1.1

Ballard Spahr LLP on

Summary - The Third Circuit’s recent opinion in United States v. Banks changes how loss calculations impact sentencing guidelines under U.S.S.G. § 2B1.1, the Federal Sentencing Guidelines that govern the vast majority of...more

Cozen O'Connor

Third Circuit Rejects “Intended Loss” as Basis to Sentence Economic Crimes

Cozen O'Connor on

On Tuesday, the Third Circuit issued a decision that will substantially impact the sentences imposed for federal fraud offenses. In United States v. Banks, the Court rejected the so-called “intended loss” rule in the Federal...more

Dechert LLP

Third Circuit Rejects Use Of “Intended Loss” as Enhancement Under U.S. Sentencing Guidelines

Dechert LLP on

The Third Circuit Court of Appeals ruled yesterday in United States v. Banks1 that under the U.S. Sentencing Guidelines, “loss” means only actual loss and not intended loss. Although the term “loss” is not explicitly...more

McGlinchey Stafford

Substantial Sentence Likely for Convicted Theranos CEO Elizabeth Holmes

McGlinchey Stafford on

The federal conviction of Elizabeth Holmes on Monday night, January 3, 2022, has been of great interest in legal and business circles. One question that has been consistently asked in various media reports is what type of...more

Cozen O'Connor

Notice of Appeal - Winter 2021

Cozen O'Connor on

Precedential Opinions of Note - False Claims Act’s First-to-File Bar Permits Amended Complaint Adding New Relator - In re Plavix Marketing, Sales Practices and Products Liability Litigation (No. II) (September 1, 2020), No....more

Holland & Knight LLP

Cooperation Credit in False Claims Act Cases

Holland & Knight LLP on

Companies facing liability under the False Claims Act (FCA) often desire early resolution with the Department of Justice (DOJ) through settlement. Hand in hand with the decision to settle comes the decision of whether or not...more

Foley & Lardner LLP

New Attorney General Issues Guidance on Corporate Compliance Programs

Foley & Lardner LLP on

The US Department of Justice (DOJ) Fraud Section has published new guidance for corporate entities on corporate compliance programs. The guidance, titled, “Evaluation of Corporate Compliance Programs” (Compliance Program...more

Sheppard Mullin Richter & Hampton LLP

DOJ Issues New Guidance on the Evaluation of Corporate Compliance Programs in Federal Fraud Investigations

On February 8th, the U.S. Department of Justice (DOJ) quietly issued new guidance on how the agency evaluates corporate compliance programs during fraud investigations. The guidance, published on the agency’s website as the...more

Jones Day

Department of Justice Fraud Section Provides Guidance on Evaluating Corporate Compliance Programs

Jones Day on

On February 8, 2017, the United States Department of Justice ("DOJ") Fraud Section published a blueprint for assessing corporate compliance efforts, titled "Evaluation of Corporate Compliance Programs" ("Guidance"). It...more

Robins Kaplan LLP

Insight from the DOJ Fraud Section

Robins Kaplan LLP on

Without fanfare, on February 8 the Fraud Section of the Department of Justice (DOJ) published new corporate compliance guidance on its public website. The guidance is presented as a set of topics and questions, entitled...more

NAVEX

New Guidance from the DOJ on Your Compliance Program

NAVEX on

The U.S. Department of Justice (DOJ), Criminal Division, Fraud Section, recently released new guidance associated with its Guide to the U.S. Foreign Corrupt Practices Act. The guidance, entitled Evaluation of Corporate...more

Thomas Fox - Compliance Evangelist

Compliance Isn’t Going Away (and neither should you) – Part I

Yesterday I presented my views on why I believe that Foreign Corrupt Practices Act (FCPA) enforcement will continue under the new administration. Today, I want to begin a multi-part series (sorry I don’t know how long it will...more

The Volkov Law Group

White Collar Criminal Sentencing – What A Difference Cooperation Makes

The Volkov Law Group on

The political campaign season has included plenty of discussion surrounding reforming our criminal justice system, and in particular sentencing for drug offenses. We have not heard much discussion about white-collar criminal...more

Thomas Fox - Compliance Evangelist

New DOJ Guidance and FCPA Pilot Program – Part IV: Impact

This week I have been exploring the implications of the Department of Justice (DOJ) announcement last week of a new program Pilot Program around Foreign Corrupt Practices Act (FPCA) enforcement, together with the document,...more

Proskauer - Corporate Defense and Disputes

Third Circuit Decision Could Have Broad Implications For Sentencing In Federal Fraud Cases

Last week, the Third Circuit issued a decision that could have major ramifications for sentencing in federal fraud cases. United States v. Nagle dealt with a fraud perpetrated against the Department of Transportation’s...more

Katten Muchin Rosenman LLP

US Sentencing Commission Revises Sentencing Guidelines for Fraud

The United States Sentencing Commission recently adopted new guidelines for sentencing in cases involving fraud and economic crimes, seeking to better account for the actual harm to victims, individual culpability and the...more

Holland & Knight LLP

U.S. Sentencing Commission Approves Major Changes to Fraud Guidelines - The Updates Could Significantly Affect White Collar...

Holland & Knight LLP on

On April 9, 2015, the United States Sentencing Commission voted to approve changes to §2B1.1 of the sentencing guidelines. The changes will take effect on Nov. 1, 2015, unless Congress objects. If they go into effect, these...more

Morrison & Foerster LLP

California Lawyer 2015 Roundtable Series: White-Collar Defense

The latest developments in white-collar criminal law include a gamechanging decision on insider trading, new sentencing guidelines for fraud convictions, more options for filing charges under the bank fraud statutes, and a...more

Dechert LLP

New UK Sentencing Guidelines - What Does This Mean For Corporates?

Dechert LLP on

The Sentencing Council’s Definitive Guidance for Fraud, Bribery and Money Laundering Offences (the “UK Guidelines”) came into force on 1 October 2014. The UK Guidelines set out a ten step process for sentencing and apply to...more

Saul Ewing Arnstein & Lehr LLP

Doing Time: A Requirement for White Collar Crime?

A recent decision from the Eleventh Circuit indicates that deterring future white collar crime is a substantial factor in shaping appellate court rulings relating to appropriate sentences for fraud, particularly when a...more

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