News & Analysis as of

Major Ex Post Facto Decision by U.S. Supreme Court

The U.S. Supreme Court ruled in Peugh v. United States that a defendant may not be sentenced under guidelines issued after the crime was committed if those guidelines provide for a harsher sentence. This violates the U.S....more

Must Sentences Be Proportionate to Comply with the Eighth Amendment’s Prohibition Against Cruel and Unusual Punishment?

In Harmelin v. Michigan, the U.S. Supreme Court makes clear that there is no proportionality requirement for criminal sentences. Here are some important facts regarding this case...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

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

Short Wins - The BOP Makes Prison Harder For Women, And Blog Lobbying

It's a bit of a sleepy week in the circuits, but not too sleepy in the news....more

What Is ‘Acceptance Of Responsibility’ Under The US Sentencing Guidelines?

One of the things that I am often asked is how are fines and penalties calculated for Foreign Corrupt Practices Act (FCPA) violations? ...more

Appeals Court Set to Consider Key Sentencing Issue on Profits Derived From Fraud

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

Doing Time: A Requirement for White Collar Crime?

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

Insider Trading Annual Review - 2012

In This Issue: Overview Of Insider Trading Law; 2012 Enforcement activity; Galleon Update; Expert Network Cases; What Does Cooperation Buy You?; Global Trading, Global Enforcement; Legislative Reform; 10b5-1 Plans: Not...more

How do the federal sentencing guidelines work in federal fraud cases? [Video]

Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), describes how the federal sentencing guidelines work in fraud cases. White-collar cases have received...more

How do the federal sentencing guidelines work? [Video]

Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), describes how the federal sentencing guidelines function. The federal sentencing guidelines are one part of...more

How Does A Federal Judge Decide What Sentence To Impose In a Federal Criminal Case? [Video]

Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), describes how a federal judge decides what sentence a person who has been convicted of a federal crime should...more

13 Results
|
View per page
Page: of 1