Sentencing

News & Analysis as of

DOJ Enforcement to Trend Even More Towards White Collar?

On April 29, 2009, just weeks after being sworn in as the Assistant Attorney General for the Department of Justice’s Criminal Division, Lanny Breuer testified before Congress that “[t]he Administration believes Congress’s...more

Eleventh Circuit Clarifies Loss Amount Calculation for Securities Fraud Sentencing

The US Court of Appeals for the Eleventh Circuit recently vacated and remanded a defendant’s sentence because the US District Court for the Southern District of Florida inappropriately added a sentencing enhancement after...more

Cooperation Pays in Insider Trading Enforcement and Sentencing

In This Issue: - Overview - Insider Trading Law - Insider Trading Penalties - Cooperating with the Government - Cooperating with the Department of Justice - Cooperating with the Securities and Exchange...more

Bill Would Increase Fines, Prison Terms For Workers Compensation Offences In Manitoba

It’s not just courts that are increasing fines for safety offences. The Manitoba government has proposed substantial increases to fines under the Manitoba Workers Compensation Act....more

Another SDNY Judge Finds the U.S. Sentencing Guidelines Wanting

In a sentencing hearing yesterday in the Southern District of New York, yet another judge reached the conclusion that the quasi-mathematical formulaic approach of the United States Sentencing Guidelines fails to account...more

Get Your Tutsi Fruitsi: Calculating FCPA Fines Under The Sentencing Guidelines

The Marx Brothers’ movies will live in infamy – they were hilarious, creative, and always relevant. One of my favorites was A Day at The Races, and the scene that applies with force to FCPA enforcement – Chico was...more

New Sentencing Hearings for Close to 100 Illinois Convicts

The Illinois Supreme Court decided on March 20, 2014 that inmates that are currently serving life sentences without the possibility of parole for homicides they committed as minors will now be granted new sentencing hearings....more

Short Wins - The Money Laundering Leadership Edition

It's a good week for sentencing remands in the federal circuits. To my mind, the most interesting case is United States v. Salgado, where the Eleventh Circuit reversed a district court for considering the person who was being...more

Taking a Leap of Faith: Deferred Prosecution Agreements and Corporate Sentencing Guidelines Come to the UK

On 24 February 2014, UK prosecutors gained the ability to use deferred prosecution agreements (DPAs) in corporate crime cases. This followed the publication on 31 January 2014 of a Definitive Guideline for the sentencing of...more

Short Wins - We Aren't Dead Edition

The Courts of Appeal have been more diligent in issuing opinions than we've been in posting them. Apologies. As those of you who do trial work can understand, sometimes it's really hard to do anything other than eat and sleep...more

Seventh Circuit Remands to Correct a “Thoroughly Botched” Sentencing for a Fraudulent Commodity Pool Operator

In a case illustrating the complexity of sentencing white collar crimes, the US Court of Appeals for the Seventh Circuit Court ordered the resentencing of a commodity pool operator where the district court made a “cascade of...more

A Dog Bite Can Be Deadly and Can Land the Dog’s Owner in Jail

This past August, a Florida Panhandle man was convicted of manslaughter when his two dogs viciously attacked his seven year old neighbor as the boy was riding his bike. The jury found the dog’s owner responsible for failing...more

Sixth Circuit Crack Cocaine Sentencing Decision Also Relevant To Civil Practitioners

In a highly anticipated en banc decision in United States of America v. Blewett, the United States Court of Appeals for the Sixth Circuit addressed whether prisoners previously sentenced for possession of crack cocaine were...more

Short Wins - The Greg Poe Vindicates An AFPD's Reputation Edition

Last week's wins are below - and there are some great reads. But today, let's congratulate Greg Poe for his work challenging sanctions imposed on a fine career AFPD in the Sixth Circuit....more

Peugh Ruling Affirms Sentencing Guidelines at the Time of the Crime are Applicable

In a key sentencing decision handed down this year, the United States Supreme Court held that the Ex Post Facto Clause is violated when a defendant is sentenced under provisions of the Federal Sentencing Guidelines...more

Attack On Co-Worker Who Warned Of Unsafe Behaviour Gets Employee 4 Years In Prison

An employee who attacked a coworker who warned of safety issues, has been sent to prison for four years. CBC News reported that the employee was training a coworker on the use of heavy equipment, and that after the...more

Short Wins - The "I'm Not Dead Edition"

1. United States v. Dominic Pelligrino, Second Circuit: Appellant Pellegrino was charged with having violated New York's narcotics laws and pleaded guilty in state court. Although the circuit court found his arguments...more

Guns — A Ticket To 10-20-Life In Prison

The blogosphere lit up following George Zimmerman’s acquittal in the Trayvon Martin case, with many bloggers pointing out what seemed to be a similar case with a very different result. Just a year earlier, Marissa Alexander...more

White Collar Watch - September 2013

Contents - FDIC filing more suits against officers and directors of failed financial institutions - Third Circuit upholds 12-year prison sentence for former BigLaw associate - Health care executives...more

Arizona Businessmen Receive Lenient Sentences For Stashing Millions in Secret Swiss Accounts

Bloomberg BNA is reporting that two prominent Phoenix businessmen were each sentenced to 10 months in prison for their roles in a scheme to stash more than $8 million in secret offshore Swiss bank accounts and for not...more

Don’t Do the Crime If You Can’t Do The Time: Top 10 Criminal Trade Secret Sentences

Trade secret theft can expose defendants not only to multi-million dollar civil verdicts but also to multi-year prison sentences. Trade Secrets Watch reviewed federal criminal trade secrets sentences since the Economic...more

Deferred Prosecution Deals and Sentencing Guidelines Come to the UK: How Will They Work in Bribery and Corruption Cases?

Although the perceived slow pace of investigations and prosecutions by the Serious Fraud Office ("SFO") has come in for a great deal of commentary and criticism, it does appear that the SFO is slowly but surely ramping up its...more

Sentences, Prosecutors, Costs, Oh My: A Conversation With A White Collar Bar Legend.

Lawrence S. Bader interviews his partner of many years, Paul R. Grand, who is one of the Bar’s leading white collar criminal defense attorneys, with extensive experience handling complex criminal and civil matters in state...more

Was This Sentence Quite Excessive for a Bizarre Fraud Scheme?

A $3 billion fraud scheme, more farcical than dangerous and in any case doomed to fail, led to 20-year sentences in federal prison for all four conspirators. The U.S. Court of Appeals for the 2nd Circuit, however, vacated the...more

D.C. Circuit Clarifies Key Issue in Wake of High Court’s ‘Honest Services’ Decision

A recent D.C. Circuit Court of Appeals decision narrows the ability of the government to revisit uncharged crimes against a person whose plea has been vacated due to a change in the law....more

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