What issues do people raise in a federal criminal appeal?
How Does Cooperating In A Federal Criminal Case Work?
How do the federal sentencing guidelines work in federal fraud cases?
How do the federal sentencing guidelines work?
What's the process for imposing sentence in federal court?
How Does A Federal Judge Decide What Sentence To Impose In a Federal Criminal Case?
There were three wins in the federal circuits last week, discussed below. The most interesting is probably United States v. Zabawa which gives a fair shake at sentencing to someone who assaulted an officer (who headbutted...more
This week, former NFL player and Dancing With the Stars contestant Chad “Ochocinco” Johnson learned an important lesson that all litigants and their attorneys must remember: court decorum matters. Johnson appeared in a...more
Sentencing for sex offenders can vary widely – those incarcerated for Felony I rape in 2004, for example, were sentenced to an average of 11.4 years, while the most serious convictions can lead to life sentences....more
An evangelical preacher-turned-doctor has been sentenced to 14 years in prison for luring patients with cancer and other serious diseases into expensive treatments with her “herbal remedy” that in fact contained things like...more
On May 31, the House Committee on Judiciary Over-Criminalization Task Force will begin a six-month investigation to determine whether the U.S. Code over-criminalizes relatively minor conduct. The bipartisan task force,...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
It's a scattershot collection of sentencing remands in this week's short wins....more
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
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