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Category Archives: Sentencing
Lawyers as Filmmakers: The Sentencing Mitigation Film
By Dan Portnov Every CLE panel on sentencing includes a judge. And often the judge emphasizes the importance of presenting your client as a person and not just a defendant. That can be a challenge at a sentencing hearing unless … Continue reading
Posted in Sentencing
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“Restitution for a Reckless Bank? A Dubious Remedy Indeed” – Judge Posner’s Bank of America Smackdown
Judge Richard Posner of the Seventh Circuit—love him or hate him—just wrote a(nother) scathing opinion. He remanded a criminal restitution order, concluding that Bank of America was not entitled to any restitution for fraudulent mortgage loans because of the bank’s … Continue reading
Posted in Appeal, Restitution, Sentencing
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Prosecutors Take Fair Approach to Sentencing in Fraud Case Against Executive (No, This Is Not Clickbait.)
As I’ve written about many times before, the loss amount drives many white-collar criminal sentences. The government’s view of loss amount plays a significant role in the court’s ultimate determination of that factor. the government often takes a very aggressive … Continue reading
The Hard Numbers on White-Collar Criminal Sentences
Calling all data geeks: The United States Sentencing Commission just issued its “Overview of Federal Criminal Cases, Fiscal Year 2015.” It’s a fairly short summary of the longer “2015 Sourcebook of Federal Sentencing Statistics,” which is also worth checking out. … Continue reading
Posted in Sentencing
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Fifth Circuit Slaps Down District Court’s Loss Calculation in Contracting Fraud Case
The government knows—and exploits the fact—that loss amount is the driver of white collar sentences. In criminal contracting fraud cases, the government has taken the position that the relevant loss is the entire amount of the contract that was wrongfully … Continue reading
Posted in Appeal, Government contracting fraud, Sentencing
1 Comment
Taking the Fifth for Financial Information: The Blankenship Case Is (Almost?) Done
Last December, Donald Blankenship was found guilty of conspiracy to violate mine safety laws. This is a misdemeanor. He was acquitted of the more serious felony charge against him for false SEC filings. In early April 2016, Mr. Blankenship was … Continue reading
Posted in Fifth Amendment, Sentencing
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An Appeals Court Finally Takes a Practical Approach to Sentencing in Government Contracting Case (and an Interesting 4th Amendment Issue)
Loss calculation drives sentencing decisions in many white-collar cases. The higher the loss amount, the longer the sentence.Courts usually take an expansive view of what counts as a “loss” for sentencing. In a recent Third Circuit case, however, the court … Continue reading
Posted in Fourth Amendment, Government contracting fraud, Sentencing
Tagged construction industry
2 Comments
Where Are They Now? An Update on Past Posts
Several of the cases I’ve featured in my posts over the last year have had significant developments or come to a close. It’s always interesting—and moderately depressing—to see how things turned out.
Posted in Bribery, FCPA, Insider Trading, Plea Agreement, Sentencing, Uncategorized
Tagged Update on prior post
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The Guidelines Are “Ridiculous”: Governor McDonnell’s Two-Year Sentence
Former Governor Robert McDonnell was sentenced today to two years in prison for public corruption. Given that the government asked for a sentence in the 10-12 year range, a two-year sentence is a remarkable outcome. In criminal defense work, sometimes … Continue reading
How Much Cooperation Is Enough to Avoid Prison?
How much cooperation with the government does your client have to provide to avoid prison? If portfolio manager Reema Shah is any example, the answer is…over a year. On May 21, 2014, Ms. Shah pleaded guilty to conspiracy to commit … Continue reading
Posted in Insider Trading, Securities fraud, Sentencing
Tagged Financial Services Industry
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