FCPA Compliance Report - Eric Morehead - The US Sentencing Guidelines at 30
FCPA Compliance Report-Episode 346, Mike Skopets on Miller’s Summer 2017 FCPA Report
FCPA Compliance Report-Episode 334, Lauren Briggerman
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?
The U.S. Sentencing Guidelines play an enormous role in federal sentencing. While courts are not required to follow the guidelines, the guidelines remain the starting point for determining a defendant’s ultimate sentence. For...more
At last week’s sentencing of Binance CEO Changpeng Zhao, the government recommended a 36-month prison sentence. Despite the serious nature of Zhao’s crimes – failing to maintain an effective anti-money laundering program,...more
We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue...more
In federal court, “not guilty” doesn’t always mean no punishment. Under a quirk of federal sentencing law, judges are permitted to consider at sentencing anything that they consider relevant, including conduct for which a...more
In United States v. Lajeunesse, the Second Circuit (Leval, Chin, Lee) vacated the conviction of a criminal defendant denied an opportunity to personally address the court during his sentencing hearing....more
DOJ’s First Criminal Securities Fraud Prosecution Related to COVID-19 Results in Eight-Year Sentence - Mark Schena, the former president of Arrayit Corporation, a Silicon Valley-based medical technology company, was...more
In United States v. Hunt, the Second Circuit (Walker, Parker, and Bianco) affirmed the conviction and sentence of Brendan Hunt, who in the wake of the 2020 presidential election threatened prominent elected officials on...more
Being on probation can be a significant nuisance for individuals who have been convicted of a crime in Colorado. While many individuals are motivated to fulfill their probation requirements and move on from their past...more
Many individuals that are required to be on probation don’t realize how it can significantly impact an individual's life by placing strict requirements and monitoring that can curtail their freedom and decision-making...more
In what may come as a surprise to many, lawmakers across the political spectrum actually agree on at least one thing: the practice of sentencing federal defendants based on acquitted conduct has gone on long enough. Last...more
On December 16, 2022, Attorney General Merrick Garland issued a memorandum announcing important revisions to the Department of Justice (DOJ)’s policies on charges, pleas, and sentencings. These revisions align DOJ’s policies...more
Key Takeaways - ..The Third Circuit recently decided that the loss enhancement to the fraud guideline in the U.S. Sentencing Guidelines applies only to “actual loss” and not to “intended loss.” ..While the primary...more
There has been tremendous buzz surrounding the recent sentencing of Theranos Founder Elizabeth Holmes to 11.25 years in prison. Some have argued that, in light of the life sentence suggested by the Federal sentencing...more
Coming off the decisions in the landmark Dobbs and Bruen cases, the rest of the term might seem anticlimactic. Nevertheless, as the shelf is being cleared of the remaining cases, there are still rulings of significance to...more
The U.S. Sentencing Commission collects information on every federal felony and class A misdemeanor sentence. The Commission’s 2021 Annual Report looked at over 57,000 reported cases,.....more
This past month, federal sentencing statistics became even more important for defense lawyers. The U.S. Sentencing Commission released the Judiciary Sentencing INformation platform, or JSIN — a new data tool that provides...more
United States v. Yusuf (April 2, 2021), No. 19-3472 Unanimous decision: Jordan (writing), McKee, and Smith Concurrence: McKee Defendants pleaded guilty to their respective crimes and stipulated that they would not argue, at...more
The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more
The FCA has announced its first criminal prosecution under the UK’s Money Laundering Regulations. This is undoubtedly a very significant development for the FCA and should be seen as a warning to firms within scope of the...more
Report on Medicare Compliance 29, no. 35 (October 5, 2020) - In a major national enforcement action, the Department of Justice (DOJ) and other federal agencies said Sept. 30 they have charged 345 people, including more...more
In United States v. Richardson, the Second Circuit (Walker, Chin, Menashi) concluded that the defendant’s sentence was both procedurally and substantively reasonable and, therefore, affirmed. Richardson pleaded guilty to...more
In United States v. Ojeda, the Second Circuit (Cabranes, Raggi, Korman, by designation) affirmed a 2018 judgment issued in the Southern District of New York ordering a mandatory minimum sentence under the Armed Career...more
The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more
In United States v. Karim Smith, the Second Circuit (Wesley, Chin, Sullivan) overturned its prior precedent and held that district courts need not complete a written ‘statement of reasons’ (“SOR”) form when sentencing a...more
In United States v. Pugh, No. 17-1889 (2d Cir. Dec. 10, 2019, as amended) (Calabresi, Droney, Underhill, by designation), the Second Circuit affirmed a defendant’s convictions for attempting to provide material support to a...more