Sentencing

Short Wins - The Fair Sentencing Act And The New York Times On Brady And Criminal Discovery

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 5/20/2013

There was only one win in the federal circuits last week, but United States v. Blewett was a whopper - the Sixth Circuit held that the Fair Sentencing Act applies retroactively to people sentenced before it took effect. ...more

Little Convictions Have Big Consequences

by Law Offices of Karl E. Knudsen on 5/14/2013

Corey Atkinson and Gregory Melton face potentially tough sentences after they were caught in separate instances of breaking and entering. The two men together have over 300 charges against them, both past and present....more

The Compliance Stepchild: Antitrust

by Michael Volkov on 5/13/2013

Let’s try and put this all in perspective. Last fiscal year, the Antitrust Division collected over $1 billion in criminal fines and sent a number of senior executives to prison. ...more

More Enron Fallout: Skilling and DOJ Enter Agreement to Reduce Sentence

by Jeff Ifrah on 5/9/2013

Former Enron executive Jeffrey Skilling reportedly has negotiated a deal with federal prosecutors that is likely to result in a significant reduction of the prison sentence he will serve for his role in the collapse of Enron....more

Appeals Court Set to Consider Key Sentencing Issue on Profits Derived From Fraud

by Jeff Ifrah on 5/8/2013

The U.S. Court of Appeals for the 3rd Circuit is currently considering a sentencing issue of great significance in cases in which a number of individuals work together to bring about a financial fraud. The question posed is...more

Can Kids Be Sentenced to Life in Prison?

by Aaron Kase | Lawyers.com on 5/8/2013

Last year, in an attempt to rein in the harshest punishments for minors convicted of major crimes, the U.S. Supreme Court ruled that states could not impose mandatory sentences of life in prison without parole for juvenile...more

And Then There Was One – Willbros Related FCPA Enforcement Continues

by Thomas Fox on 5/6/2013

Last week, the US Department of Justice (DOJ) announced the sentencing of Paul G. Novak, a former consultant of Willbros International, Inc., a subsidiary of the Houston based Willbros Group, for his role in a conspiracy to...more

Unusual Results In Offshore Account Case

by Charles (Chuck) Rubin on 4/29/2013

79 year-old Mary Estelle Curran received good new when she was sentenced for criminal tax evasion and failing to file reports of foreign bank accounts on UBS Swiss accounts she inherited from her husband....more

DOJ Notice Hints at a Sentencing Deal With Former Enron Exec Jeffrey Skilling

by Jeff Ifrah on 4/29/2013

Justice may or may not be blind; but she can buckle under pressure. It may take years, millions of dollars and armies of attorneys, but if you have the resources to test her mettle, you too may tip the balance in your favor....more

Doing Time: A Requirement for White Collar Crime?

by Christopher R. Hall, Courtney L. Schultz | Saul Ewing LLP on 4/24/2013

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

The Endgame — Sentencing And Sentencing Guidelines

by Intermountain Legal on 4/16/2013

At the end of the day, jail is almost never the answer. Study after study shows that jail rarely helps prevent future crime. In cases where the judge requires punishment, our clients are rarely sentenced to jail. We have had...more

OVDP or 50% FBAR Willfulness Penalty; It is Your Choice

by Sanford Millar on 4/15/2013

The Criminal Tax Division of the U.S. Dept of Justice (DOJ)is taking the position that when a taxpayer has “willfully” failed to file a Report of Foreign Bank or Financial Account, an FBAR, and has in addition filed false...more

Tough On Crime Or Just Tough On People?

by The Byrd Law Firm, P.A. on 4/8/2013

Admittedly, she had made mistakes in her life. Fifteen years ago, Stephanie George was pulling her life back together after a prison sentence for drug dealing. Suddenly, in the midst of healing herself and her family, she...more

FCPA Snapshot – 2012

by Victoria R. Danta, William H. Devaney, Jan Lawrence Handzlik, Lindsay B. Meyer, Robert Meyerhoff | Venable LLP on 4/3/2013

In 2012, DOJ and the SEC brought 25 new Foreign Corrupt Practices Act (“FCPA”) enforcement actions, a significant decrease from the number of FCPA enforcement actions brought in 2011 (45) and the prolific 2010 (71). However,...more

Criminal Sentencing Of Corporations

by Michael Volkov on 4/1/2013

Contrary to former candidate Romney’s view of the world (“Corporations are people”), you cannot put a company in jail. Try as you might, it just can’t be done....more

Door Number One – State Court or Door Number Two – Federal Court

by Yavitch & Palmer Co., L.P.A. on 3/26/2013

Federal resources are limited. As much as we think the feds are omnipotent and have surplus manpower, they have limits. So, we see shifts in the types of crimes that land in federal court....more

Structured Sentencing — The Last Word?

by Law Offices of Karl E. Knudsen on 3/19/2013

Fernando Ortiz-Soto will spend 6 to 17 months in prison for the accidental death of Adam Kempf. Kempf was 12 years old and a seventh grade student at Coats-Erwin Middle School when he died. He was boarding his school bus on...more

Drug Trafficking Means Trouble

by Law Offices of Karl E. Knudsen on 3/19/2013

Alejandro Salinas Garcia, 31, and Cesar Sierro-Pineda, 34, are to spend life in prison following sentencing in separate cases, both filed in federal court. Garcia was convicted of conspiracy to traffic cocaine, having...more

Short Wins - President's Day Edition

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 2/19/2013

It's a scattershot collection of sentencing remands in this week's short wins....more

Getting the Deal Through – Cartel Regulation 2013: Global Overview and United States

by Peter Carney, Martin Toto | White & Case LLP on 2/8/2013

Global Overview: Continued aggressive cartel enforcement in 2012 Authorities around the world continued to vigorously enforce cartel law in 2012. Total fines increased in many jurisdictions, and authorities around the...more

Insider Trading Annual Review - 2012

by Jordan Eth, Randall Fons, Joel Haims, Carl Loewenson, Jr. | Morrison & Foerster LLP on 1/18/2013

In This Issue: Overview Of Insider Trading Law; 2012 Enforcement activity; Galleon Update; Expert Network Cases; What Does Cooperation Buy You?; Global Trading, Global Enforcement; Legislative Reform; 10b5-1 Plans: Not...more

What issues do people raise in a federal criminal appeal? [Video]

by The Kaiser Law Firm PLLC on 1/18/2013

Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), discusses what issues people normally raise in a federal criminal appeal. If you'd like more information...more

How Does Cooperating In A Federal Criminal Case Work? [Video]

by The Kaiser Law Firm PLLC on 1/15/2013

Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), describes how cooperating with the federal government - to provide evidence that a federal prosecutor can use...more

Drug Possession And Trafficking In Florida

by The Byrd Law Firm, P.A. on 1/14/2013

The FBI reports that in 2011, law enforcement made 12,408,899 arrests in the U.S., of which the highest number, 1,531,251, were for drug abuse violations. Florida State Law proscribes harsh penalties for drug possession and...more

How do the federal sentencing guidelines work in federal fraud cases? [Video]

by The Kaiser Law Firm PLLC on 1/11/2013

Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), describes how the federal sentencing guidelines work in fraud cases. White-collar cases have received...more

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Short Wins - The Fair Sentencing Act And The New York Times On Brady And Criminal Discovery

Little Convictions Have Big Consequences

The Compliance Stepchild: Antitrust

More Enron Fallout: Skilling and DOJ Enter Agreement to Reduce Sentence

Appeals Court Set to Consider Key Sentencing Issue on Profits Derived From Fraud

Can Kids Be Sentenced to Life in Prison?

And Then There Was One – Willbros Related FCPA Enforcement Continues

Unusual Results In Offshore Account Case

DOJ Notice Hints at a Sentencing Deal With Former Enron Exec Jeffrey Skilling

Doing Time: A Requirement for White Collar Crime?

The Endgame — Sentencing And Sentencing Guidelines

OVDP or 50% FBAR Willfulness Penalty; It is Your Choice

Tough On Crime Or Just Tough On People?

FCPA Snapshot – 2012

Criminal Sentencing Of Corporations

Door Number One – State Court or Door Number Two – Federal Court

Structured Sentencing — The Last Word?

Drug Trafficking Means Trouble

Short Wins - President's Day Edition

Getting the Deal Through – Cartel Regulation 2013: Global Overview and United States

Insider Trading Annual Review - 2012

What issues do people raise in a federal criminal appeal? [Video]

How Does Cooperating In A Federal Criminal Case Work? [Video]

Drug Possession And Trafficking In Florida

How do the federal sentencing guidelines work in federal fraud cases? [Video]

What issues do people raise in a federal criminal appeal? [Video]

How Does Cooperating In A Federal Criminal Case Work? [Video]

How do the federal sentencing guidelines work in federal fraud cases? [Video]

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