News & Analysis as of

Sentencing White Collar Crimes

Bradley Arant Boult Cummings LLP

Sentencing Commission Rejects Actual Versus Intended Loss Distinction

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

Bradley Arant Boult Cummings LLP

The Power of the Sentencing Disparity Argument and Using the Judicial Sentencing Information Platform to Make One

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

Bradley Arant Boult Cummings LLP

“Not Guilty Means Not Guilty”: U.S. Sentencing Commission Unanimously Votes to Prohibit the Consideration of Acquitted Conduct in...

On April 17, 2024, the seven-member panel of the U.S. Sentencing Commission voted to adopt an amendment prohibiting judges from using acquitted conduct in applying the federal sentencing guidelines. Previously, and consistent...more

Benesch

White Collar Quarterly Report | Q1 2024

Benesch on

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

Mintz - Antitrust Viewpoints

DOJ Deputy Chief Announces “Stiffer Sentences” for AI-Related White-Collar Crime — AI: The Washington Report

Department of Justice (DOJ) Deputy Attorney General Lisa Monaco’s March 7, 2024, speech addressed the agency’s current enforcement stance towards AI. In the speech, Monaco reiterated that there are no AI exemptions to the...more

Bradley Arant Boult Cummings LLP

The Zero-Point Offender Adjustment: U.S. Sentencing Commission’s Proposed Amendment Gives Some First-Time Offenders a Break

The United States Sentencing Commission recently adopted amendments to its Guidelines Manual, and they include some noteworthy changes. The proposed amendments were submitted to Congress on April 27, 2023. Absent...more

Mintz - Health Care Viewpoints

Garland Memo May Provide White Collar Defendants Increased Opportunity for Negotiation While Updated Corporate Enforcement Policy...

In recent weeks, the Department of Justice has released key guidance in the form of a memorandum from Attorney General Garland regarding charging, pleas, and sentencing, in addition to an updated Corporate Enforcement Policy...more

Bracewell LLP

DOJ to Prosecutors: Think Twice and Ask Permission Before Charging

Bracewell LLP on

Last week, Attorney General Merrick Garland issued a new DOJ charging and sentencing policy memorandum, replacing existing guidance to federal prosecutors in their exercise of prosecutorial discretion. The thrust of the...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Elizabeth Holmes’ Sentence Brings Into Focus The Troubles Plaguing Our Culture Of Incarceration

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

Carlton Fields

Sentencing Commission Data Tool Is Deeply Flawed

Carlton Fields on

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

Fox Rothschild LLP

Predicting A Renewed Focus On White-Collar Crime Under President Biden’s DOJ

Fox Rothschild LLP on

During the 2020 campaign, former President Trump frequently called himself the “law and order president.” However, based upon a review of statistics from his time in office, his attention appears to have been focused on...more

Cozen O'Connor

Notice of Appeal - Winter 2021

Cozen O'Connor on

Precedential Opinions of Note - False Claims Act’s First-to-File Bar Permits Amended Complaint Adding New Relator - In re Plavix Marketing, Sales Practices and Products Liability Litigation (No. II) (September 1, 2020), No....more

The Volkov Law Group

Criminal Sentencing and Deterrence: White Collar Crime and Corporate Misconduct (Part I of III)

The Volkov Law Group on

The sentencing of criminal defendants continues to create controversy. There are so many categories of crime and ranges of punishment – the issue always calls for difficult judgments and inevitably results in vigorous...more

Thomas Fox - Compliance Evangelist

FCPA Compliance Report-Episode 334, Lauren Briggerman

In this episode, I visit with Lauren Briggerman, a member at the firm of Miller & Chevalier. She discusses the latest edition of the firm newsletter, Executives at Risk: Navigating Individual Exposure in Government...more

WilmerHale

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

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

McDermott Will & Emery

Focus on China - October 2015

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

Morrison & Foerster LLP

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

Moore & Van Allen PLLC

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

Katten Muchin Rosenman LLP

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

Saul Ewing Arnstein & Lehr LLP

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

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