News & Analysis as of

Sentencing

To Plead Or Not To Plead?

by Dentons on

Two of our lawyers published an article on recent sentencing developments in the Chartered Institution of Wastes Management's (CIWM) monthly journal. The article discusses the impact of the Environmental Offences Sentencing...more

In 2-1 Decision, Second Circuit Vacates Child Pornography Sentence as Substantively Unreasonable

For the third time in the past year, the Second Circuit in United States v. Jenkins, No. 14-4295 (Kearse, Jacobs, Parker), has vacated as substantively unreasonable a sentence imposed under the sentencing guideline for child...more

Blockchain Week in Review – April 2017 #2

by Perkins Coie on

Below is a summary of some of the significant legal and regulatory actions that occurred over the past week. This alert is not intended to be a comprehensive list of all such developments, but rather a selection of...more

Red Notice Newsletter - March 2017

Anticorruption Developments - SEC Chairman Nominee Jay Clayton Receives Confirmation Hearing - On March 23, 2017, SEC Chairman Nominee Jay Clayton testified before the Senate Banking Committee at his confirmation...more

In Summary Order, Second Circuit Finds Plain Error in Miscalculation of Defendant’s Supervised Release Guidelines Range

In United States v. Shaday, 16-529, the Second Circuit (Jacobs, Livingston, and Kaplan (sitting by designation)) vacated and remanded the supervised release portion of defendant Yova Kana Shaday’s sentence after finding that...more

In Summary Order, Second Circuit Provides Guidance to Courts Deciding Motions for Sentence Reductions

On February 16, 2017, the Second Circuit (Leval, Calabresi, Carney) issued a summary order in United States v. Lopez, No. 16-1019, vacating and remanding for reconsideration the district court’s denial of the appellant’s...more

Prison sentence for avoiding English freezing and disclosure order

by DLA Piper on

The English Court has made an order sentencing the director and shareholder of a company operating from China to 18 months' imprisonment for failing to comply with a disclosure order made ancillary to a Worldwide Freezing...more

Health and Safety Sentencing Guidelines – Emerging Trends One Year On

by K&L Gates LLP on

Since the new Health and Safety Sentencing Guidelines (the “Guidelines”) were implemented in February 2016, a series of headline-making fines have been handed out by the Health and Safety Executive (the “HSE”). Balfour...more

Food and Beverage News and Trends - November 2016

by DLA Piper on

Four cities will hold referendums this month on taxes on sugary beverages. Looking forward to Election Day, an October 17 survey by PBS NewsHour noted that voters in three California cities and one Colorado city will vote on...more

Predictability for Antitrust Leniency Applicants: Supreme Court of Canada establishes high threshold for judicial intervention...

by Bennett Jones LLP on

The Supreme Court of Canada released a decision today regarding judicial intervention with jointly recommended criminal sentences following a guilty plea. The SCC adopted a high threshold which will be welcome news to those...more

Worth Another Look: Sentencing Reforms

In January of 2016, the National Conference of State Legislatures (NCSL) published a list of the top ten issues that will be before state legislatures across the nation this year. Since Pennsylvania will close out the...more

New SFO Bribery Case: Can’t Pay? That Might Be Okay…

by Reed Smith on

The UK Serious Fraud Office has entered its second deferred prosecution agreement (DPA) with a company accused of bribery. Links to the SFO press release, and the detailed preliminary and final judgments of the court are...more

The UK’s second DPA: a hopeful judgment

by WilmerHale on

The approval of the Deferred Prosecution Agreement (DPA) between the Serious Fraud Office (SFO) and XYZ Limited (XYZ) by Leveson LJ on 8 July 2016 has generated much breathless commentary, not least because it is only the...more

The Inside Scoop: What does Tabernula tell us about the future of criminal insider dealing enforcement in the UK?

by WilmerHale on

The high-profile insider trading prosecution dubbed “Operation Tabernula”, brought by the Financial Conduct Authority (“FCA”), has this month secured two further convictions. After a 12-week trial, Martyn Dodgson and Andrew...more

The Supreme Court - May 2016 #3

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases on May 19, 2016: CRST Van Expedited, Inc. v. EEOC, No. 14-1375: The Equal Employment Opportunity Commission (“EEOC”) brought a suit in its own name...more

White Collar & Investigations: Hastert Receives 15 Month Sentence in Federal Structuring Case

by Williams Mullen on

In June of last year former Speaker of the United States House of Representatives Dennis Hastert was indicted for structuring and false statements to the FBI in an investigation that focused on more than $900,000 in cash...more

The Supreme Court - April 2016 #2

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued one decision on April 18, 2016: - Welch v. United States, No. 15-6418: Last term, the Supreme Court, in Johnson v. United States, 576 U.S. __ (2015), held that the residual...more

Workplace Safety in the U.K. - Multi-Million Dollar Fines for Workplace Safety Offences by Companies - New U.K. Sentencing...

by K&L Gates LLP on

Accidents do sometimes happen, even in well-run factories and construction sites. Where there has been an accident in the U.K., companies face prosecution by the Health & Safety Executive (“HSE”) in the criminal courts...more

Companies Beware! New Sentencing Guidelines for Health & Safety and Food Hygiene Offences

by K&L Gates LLP on

On 1 February 2016, new guidelines on the sentencing of health and safety and food offences (Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guidelines the “Guidelines”) came...more

Update: LASPO reforms to apply to insolvency proceedings from April 2016

by Reed Smith on

As reported in Reed Smith’s March 2015 client alert, insolvency practitioners currently enjoy an exemption from the provisions of Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). These...more

SHE Matters: Swingeing Fines for Large organisations: Can they be avoided? - The Court of Appeal Decision in the Thames Water Case

by DLA Piper on

In early June, the Court of Appeal handed down judgment in an appeal against sentence brought by Thames Water Utilities Ltd. The company had been fined £250,000 after pleading guilty to a breach of the Environmental...more

Serving the cause from both sides: After sentencing policy changes, time to revisit old sentences

by DLA Piper on

For 11 years until this past February, I was proud to work for the U.S. Department of Justice. It was an honor to say in court, on a weekly if not daily basis, “on behalf of the United States.” As described in the...more

The Connecticut Supreme Court, the U.S. Supreme Court and Pope Francis all address the death penalty

by Melito & Adolfsen on

Are alleged sentencing arbitrariness in death penalty cases and a shift in public opinion setting the death penalty on the road to the U.S. Supreme Court? Last year, of the 31 states that allow capital punishment only seven...more

Focus on China - October 2015

by McDermott Will & Emery on

Welcome to the third issue of Focus on China Compliance for 2015. According to the FCPA Blog’s October 2015 Corporate Investigations List, China leads the countries reported to be involved in FCPA investigations with 29...more

UK courts get tough on environmental crime: sentencing of environmental offences committed by large companies

by Reed Smith on

There is a widely held belief that environmental laws in the UK are toothless in practice because enforcement authorities are under resourced and typical levels of fines and penalties imposed are far too low. This view...more

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