News & Analysis as of

White Collar Crimes Federal Sentencing Guidelines

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

“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

Husch Blackwell LLP

The Justice Insiders Podcast - Demystifying Sentences for White Collar Crimes: What's Next for SBF

Husch Blackwell LLP on

Host Gregg N. Sofer welcomes Husch Blackwell’s Jonathan Porter back to the podcast to discuss the sentencing of Sam Bankman-Fried, the founder and former CEO of the bankrupt cryptocurrency exchange FTX, who was convicted in...more

Epstein Becker & Green

The U.S. Sentencing Commission’s Proposed 2024 Amendments to the Federal Sentencing Guidelines Seek to Restore Consistency in Loss...

On December 26, 2023, the U.S. Sentencing Commission (“USSC”) proposed several amendments to its Guidelines Manual (the “Guidelines”). Two of these proposed amendments have the potential to especially impact sentencing...more

BakerHostetler

DOJ to Corporations - “Knock on Our Door Before We Knock on Yours”

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At last week’s ABA National White Collar Crime Institute, the leadership of the Department of Justice (the DOJ or the Department), including Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco, made clear...more

WilmerHale

DOJ Announces Pilot Whistleblower Rewards Program and Increased AI Enforcement

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On March 7, 2024, Deputy Attorney General Lisa Monaco announced Department of Justice (DOJ) initiatives to incentivize whistleblowers with payouts from civil or criminal forfeitures and to integrate artificial intelligence...more

Thomas Fox - Compliance Evangelist

The SAP FCPA Enforcement Action-Part 4: The Fines: Self-Disclose, Self-Disclose, Self-Disclose

We continue our exploration of the SAP Foreign Corrupt Practices Act (FCPA) enforcement action. Today we go full geek in a look at the fine and penalty and most importantly what the fine and penalty communicate about what the...more

BCLP

The Sentencing Guidelines' New Zero-Point Offender Provision

BCLP on

This article discusses Amendment 821 to the Sentencing Guidelines, which went into effect on November 1, 2023, adding a new “zero-point offender” adjustment. The white-collar bar lauded this amendment, which—at first...more

The Volkov Law Group

DOJ and CFTC Close Out Slow FCPA Enforcement Year with $98 Million Resolution with Freepoint Commodities LLC (Part I of II)

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The Justice Department’s FCPA enforcement record for 2024 was slow.  This  trend was unexpected, contrary to my own predictions and of various other prognosticators.  It is hard to explain why this slowdown occurred....more

Sheppard Mullin Richter & Hampton LLP

Good News for White Collar Defendants and Their Lawyers – Recent Changes to the Sentencing Guidelines

In a huge victory for white collar defendants and lawyers alike, the US Sentencing Commission (the “Commission”) recently announced several key amendments to existing federal sentencing guidelines will be effective November...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

Bradley Arant Boult Cummings LLP

One Step Forward, Two Steps Back: The Latest on Federal Court Treatment of Criminal Defendants

Last week, the Sixth Circuit and Supreme Court issued opinions on criminal law that could affect trial and sentencing strategy for white collar defendants in regulated industries. District court discretion does not...more

Womble Bond Dickinson

Current Trends and Real-World Best Practices in Healthcare Fraud Compliance

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Recently, Womble Bond Dickinson held its First Annual Health Care Fraud Symposium, a webinar designed to discuss critical healthcare fraud topics. WBD Partner Joe Whitley moderated a discussion with WBD attorneys Luke Cass,...more

Jones Day

DOJ Announces New Voluntary Self-Disclosure Policy for All U.S. Attorneys' Offices

Jones Day on

On February 22, 2023, the U.S. Department of Justice ("DOJ" or "Department") announced the Voluntary Self-Disclosure Policy ("VSD Policy" or "Policy"), detailing the circumstances under which a company can receive credit for...more

Beveridge & Diamond PC

DOJ Implements Nationwide “Voluntary Self-Disclosure” Program: All U.S. Attorneys’ Offices Instructed to Follow Updated Corporate...

The U.S. Department of Justice (DOJ) formally implemented a nationwide Voluntary Self-Disclosure policy (VSD policy) on February 22, 2023—effective immediately—that has been in the works for several years. The VSD policy...more

Jenner & Block

Client Alert: DOJ Expands the Reach of Its Policies on Self-Disclosure of Corporate Misconduct

Jenner & Block on

On February 22, 2023, the Department of Justice announced a new Voluntary Self-Disclosure Policy (the Disclosure Policy) that now governs corporate prosecutions by US Attorney’s Offices (USAOs) nationwide. Building on a 2022...more

Akin Gump Strauss Hauer & Feld LLP

DOJ Criminal Division Announces New Round of Revisions to Corporate Enforcement Policy

Key Points - On January 17, 2023, Assistant Attorney General Kenneth A. Polite, Jr. announced revisions to the DOJ Criminal Division’s corporate enforcement policy that offer new incentives to self-disclose corporate...more

Ballard Spahr LLP

DOJ's Revisions to the Corporate Enforcement Policy Incentivize Self-Reporting of Misconduct

Ballard Spahr LLP on

Summary - The Department of Justice (DOJ) last week issued revisions to the Criminal Division’s Corporate Enforcement Policy that incentivize companies to promptly self-disclose corporate misconduct, cooperate with the DOJ,...more

Holland & Knight LLP

DOJ Makes Significant Revisions to Corporate Enforcement Policy

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The U.S. Department of Justice (DOJ), through Assistant Attorney General Kenneth A. Polite Jr., announced on Jan. 17, 2023, "the first significant changes" to its Corporate Enforcement Policy (CEP) since 2017. The revisions...more

Polsinelli

Eleventh Circuit Rules Probation Sentence “Clear Error of Judgment” for Tricare Fraudster

Polsinelli on

Last Monday, the Eleventh Circuit ruled that the Middle District of Florida’s sentence of probation for former physician Nicole Bramwell in a $4.4 million Tricare fraud case was substantively unreasonable. The district...more

McGlinchey Stafford

Elizabeth Holmes, Ghislaine Maxwell, and the Federal Sentencing Guidelines [More with McGlinchey, Ep. 34]

McGlinchey Stafford on

Headlines everywhere from People Magazine to the Wall Street Journal remind us that white collar crime is in the news. Both Ghislaine Maxwell and Elizabeth Holmes have been convicted and await sentencing. How are those...more

Cozen O'Connor

Notice of Appeal Fall 2021 - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers

Cozen O'Connor on

Court Holds 2009 Amendments to 31 U.S.C. § 3729(a)(1)(B) Apply Retroactively - United States ex rel. International Brotherhood of Electrical Workers Local Union No. 98 v. The Fairfield Company (July 13, 2021), No. 20-1922...more

Carlton Fields

Defense Lawyers Can ‘Rewrite’ the Sentencing Guidelines, One Case at a Time

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Over 90 percent of federal defendants plead guilty, and 83 percent of those who go to trial are convicted on at least one count.1 In most indicted federal cases, the question is not how to persuade a jury at trial, but how to...more

Carlton Fields

Challenging Sentencing Guidelines With Comparable Cases

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In December, the U.S. Sentencing Commission issued a report on the influence of the U.S. sentencing guidelines on average sentences imposed. The commission found that the guidelines "generally continue to have a substantial...more

Cozen O'Connor

Notice of Appeal - Spring 2021

Cozen O'Connor on

Precedential Opinions of Note - Government Must Prove Falsity Under Any Objectively Reasonable Standard - United States v. Harra (January 12, 2021), No. 19-1105 http://www2.ca3.uscourts.gov/opinarch/191105p.pdf Unanimous...more

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