Sentencing

News & Analysis as of

UK Regulators Address Manipulation of Trading Benchmarks and Other Misconduct

Concluding a year-long review, UK regulators issued the final report of the Fair and Effective Markets Review Committee last week, making a number of recommendations intended to restore confidence in the trading markets for...more

Reed Smith's Government Contracts Weekly Rundown - April 2015 #3

Here is a rundown of last week’s top developments related to government contracts to get you back on track and ready for this week....more

Challenging So-Called “Objective” Psychological Tests: The Use And Abuse Of Psychological Testing In Trials, Sentencing, Parole...

Criminal and civil courts and the New Jersey State Parole Board have accepted the use of psychological testing as an important component of making legal and factual determinations in both the civil and criminal litigation and...more

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

Supreme Court Justices Box The Fourth Circuit's Ears

Two Justices of the U.S. Supreme Court took the Fourth Circuit to task for not publishing a significant opinion. The ear-boxing came last month in the form of a denial of a Petition for Certiorari from which Justice Thomas...more

Government Seeks Extended Prison Term in Securities Fraud Case

In a sentencing memorandum filed January 2, the United States Attorney’s Office in Washington asked the US District Court for the Western District of Washington to sentence Dickson Lee, the former chief executive of L&L...more

Don’t Let Immigration Status Sabotage Your Client’s Sentence

The following is a guest blog post by Norton Tooby, who has a national law practice in Oakland, California, providing expert consultation and representation on immigration consequences of criminal convictions, post-conviction...more

Mandatory Jail Means Mandatory Jail under New Driving While Suspended Statute

As noted in an earlier post on this blog, New Jersey recently enacted a statute that made driving with a suspended license an indictable offense in certain circumstances, requiring a mandatory minimum period of incarceration...more

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

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

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

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

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

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

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