Category Archives: Sentencing

Expected 151 Months; Got 276 Months. Is Cooperation Worth It?

Frank Castaldi’s story serves as a cautionary tale for anyone trying to cooperate with the government to get a better deal. In 2008, Mr. Castaldi turned himself in to government investigators, revealing his $77 million Ponzi scheme. Mr. Castaldi fully … Continue reading

Posted in Appeal, Investor fraud, Plea Agreement, Sentencing | Tagged | 1 Comment

The Largest DBE Contracting Fraud. Yes, Ever.

Government contracting fraud has been a hot area for the Department of Justice these last few years. And who can blame it? It’s a huge amount of money being handed out by many agencies, sometimes with less oversight than is … Continue reading

Posted in Government contracting fraud, Sentencing, Tax fraud | Tagged | 3 Comments

When a 20-Month Prison Sentence Goes in the “Win” Column

For the government, sentencing seems to be a science, not an art. Let the probation office calculate the guideline range. Request a sentence within it, usually at the high end. Done. But for defense counsel, sentencing is an art, not … Continue reading

Posted in Commercial Bribery, Conviction After Jury Trial, Obstruction, Sentencing, Wire Fraud | 3 Comments

Spike Lee Would Be Proud: Government Does the Right Thing (In a Securities Fraud Case)

Da Mayor: Doctor. Mookie: C’mon, what? What? Da Mayor: Always do the right thing. Mookie: That’s it? Da Mayor: That’s it. Mookie: I got it. I’m gone. Do the Right Thing (1989) (yes, 1989—you are that old) Except for “not … Continue reading

Posted in Dismissal of charges in indictment, Investor fraud, Securities fraud, Sentencing, Wire Fraud | Leave a comment

Seven Fun Ways To Commit Insider Trading

There have been several high-profile insider trading cases recently. I can’t do justice to the facts of all the recent cases, but here’s a quick sampling of some of the more interesting cases. 1.         Use a Facebook Friend.  Badin Rungruangnavarat, … Continue reading

Posted in Conviction After Jury Trial, Insider Trading, SEC Investigation, SEC Settlement, Securities fraud, Sentencing | 1 Comment

All You Ever Wanted To Know About Illegal Fishing But Were Afraid To Ask

Henry David Thoreau said, “Many men go fishing all of their lives without knowing that it is not fish they are after.” According to the Department of Justice, a couple of commercial fishermen knew exactly what they were after when … Continue reading

Posted in False statements, Plea Agreement, Sentencing, Wire Fraud | Tagged | Leave a comment

Loss Amount is Everything: Sixth Circuit Affirms Lengthy Sentence of Corporate Executive in Public Bribery Case

For most white-collar cases, the key issue at sentencing is the calculation of the loss amount. Although not mandatory, the Sentencing Guideline range will unquestionably influence the final sentence. And the Guidelines rely heavily on the loss amount to reach … Continue reading

Posted in Appeal, Bribery, Conspiracy, Conviction After Jury Trial, Sentencing | Tagged | Leave a comment

Quick Cases: Government Contracting Fraud

They say hell has no fury like a woman scorned. (Technically, William Congreve wrote “Heaven has no rage like love to hatred turned, nor hell a fury like a woman scorned.”) Maybe there’s also no fury like a government defrauded, … Continue reading

Posted in Conspiracy, Conviction After Jury Trial, False statements, Government contracting fraud, Kickbacks, Mail Fraud, Plea Agreement, Sentencing, Wire Fraud | Leave a comment

Quick Cases: Environmental Prosecutions

If you thought legal work related to asbestos is limited to those late-night television ads asking if you (or anyone you know) suffer from mesothelioma, you’d be wrong. There is apparently a niche criminal defense practice out there, representing people … Continue reading

Posted in Conspiracy, Conviction After Jury Trial, Environmental Crimes, Mail Fraud, Obstruction, Sentencing, Wire Fraud | 1 Comment

Quick Cases: Defrauding Investors

This is the one of my recurring posts that offer quick summaries of similar cases. Think of them as the Kay and Peele version of my blog posts, though not nearly as funny and always safe for work. It is … Continue reading

Posted in Conspiracy, Indictment, Investor fraud, Plea Agreement, Securities fraud, Sentencing | Tagged | 1 Comment