The Challenging Terrain of White-Collar Sentencing
Federal judges are required to balance a number of factors whenever imposing sentence, including specifically enumerated areas that largely stem from the broader philosophical categories of General Deterrence, Specific Deterrence, Retribution/Punishment, Restitution and Victim Impact, and Rehabilitation. In determining the presumptively reasonable range of potential sentences, federal practitioners consult their always-handy U.S. Sentencing Guidelines, which…
Read MorePunishing the Parent – Should the Parents of a School Shooter Be Criminally Liable for their Parental Failures?
Can being a bad parent make you a criminal? A jury in Michigan recently answered yes in the case of Jennifer and James Crumbley – the parents of high school mass shooter, Ethan Crumbley. Although neither Mr. nor Mrs. Crumbley fired a single shot during the school shooting that killed four students (and injured six…
Read MoreWas FTX Collapse as Bad as Enron? In sentencing SBF, Judge Kaplan Says Yes
On Thursday, March 28, 2024, 32-year old Sam Bankman-Fried was sentenced to 25 years in prison for his role in one of the largest financial frauds in U.S. history—a fraud perpetrated through two cryptocurrency entities he founded—FTX and Alameda Research. In late-2023, a jury convicted him on various conspiracy and substantive counts for wire fraud…
Read MoreA Tale of Two Courts
Much has been made of the contemptuous and combustible combination of former President Trump and Manhattan Supreme Court Judge Arthur Engoran, the trial judge in the New York “fraud” case that imperils Trump’s ability to do business in New York. This week we got a glimpse into a different proceeding involving an extremely opinionated subject…
Read MoreA Scandal’s Fine Print
The recent filing of a motion for disqualification and for dismissal of the Georgia RICO case involving former President Trump is getting plenty of attention for its salacious details. And indeed, a District Attorney selecting an underqualified love-interest to serve as Special Prosecutor is newsworthy stuff, particularly with Mr. Wade filing for divorce just one…
Read MoreABA Updates Guidance on Witness Prep
Witness preparation is often a key part of preparing for trial. Counsel often engages in mock examinations and practice sessions to help a witness prepare for trial. Such preparation, however, runs the risk of making the witness sound insincere and coached. Sometimes, it may veer all the way into improper coaching of a witness. This…
Read MoreNo Need for Speed
In most U.S. District Courts, the trial date for a defendant who is not incarcerated is typically many months—and often easily over a year—from the time of his or her initial appearance after indictment. Many trials are resolved by plea agreements without ever having set a “real” trial date. There is lip service to the…
Read MoreHuman Trafficking Blindspot
For many years now, state and federal prosecutors have become increasingly aware of the insidious nature of sexual and labor trafficking. Victimization is cultivated by strong, threatening, and cunning traffickers. Gangs have increasingly turned to sex trafficking as a source of illicit income with low visibility—a trade that does not “bring the heat” to the…
Read MoreEqual Justice as Another Casualty of War
While many Americans properly focus on the carnage and chaos of two wars, there is also a more subtle war being waged by progressive mayors—and others in high positions—on fundamentally important notions like Rule of Law and Equal Justice. Last weekend over 100,000 protesters descended upon Washington, D.C. to chant and vandalize as a bewildering…
Read MoreReading the Plea Leaves
Are guilty pleas in Fulton County confirming the righteousness of Fani Willis’ RICO prosecution or do they reflect an inherent frailty of the case, even in a venue where jurors largely can be expected to instinctively support a prosecution of high-profile Republicans? A close look at the recent plea agreements suggests that prosecutorial victory laps…
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