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Sentencing Posts
The Cliffhanger – Paul Manafort’s Sentencing Drama
Feb 14, 2019
The Cliffhanger – Paul Manafort’s Sentencing Drama
A hit man walks into a restaurant where Tony Soprano and his family are eating dinner while the jukebox blares a Journey song. The last show of the highly successful series ends with an abrupt cut to black before the audience knows the fate of Tony and his family. The end of The Sopranos series…
DOJ’s New Charging and Sentencing Policy Will Disproportionately Impact Vulnerable Populations
May 15, 2017
DOJ’s New Charging and Sentencing Policy Will Disproportionately Impact Vulnerable Populations
On May 10, 2017, Attorney General Jeff Sessions issued a memorandum that expressly rescinds previous Department of Justice (DOJ) policy and directs federal prosecutors to “charge and pursue the most serious, readily provable offense” against federal defendants. The likely result of this harsher approach to the enforcement of federal drug laws is a return to…
Will Clemency Continue?
Feb 1, 2017
Will Clemency Continue?
There are many big policy changes happening in Washington these days and they receive appropriate press coverage. But, there are also many smaller changes that can have literally life changing effects on citizens, which are not generally reported in the media. One of those smaller changes is whether the Trump administration will revive a clemency program…
‘Tis the Season of Giving: Supreme Court Expands Insider Trading Liability to Recipients of “Gift” Stock Tips
Dec 6, 2016
‘Tis the Season of Giving: Supreme Court Expands Insider Trading Liability to Recipients of “Gift” Stock Tips
Just in time for the holiday season, the Supreme Court has ruled that gift-giving is truly its own reward. But far from embodying the spirit of generosity that typically goes with that saying, the Court has ruled that the warm feeling one gets from giving to others can give rise to criminal insider trading liability….
Even Bad Guys Have Rights
Mar 7, 2016
Even Bad Guys Have Rights
This article first appeared February 29, 2016, on FEE.org – you can access this version here. Remember Martin Shkreli, the “pharma bro” notorious for raising the price of his company’s life-saving drug by some 5,000 percent? Did you know he was recently arrested for securities fraud (completely unrelated to the drug hike)? It didn’t take long…
Normandie Casino Operator Pleads Guilty to Charges Stemming from Protection of High-Rollers
Feb 11, 2016
Normandie Casino Operator Pleads Guilty to Charges Stemming from Protection of High-Rollers
Despite the old saying “the customer is always right,” the law places limits on customer service in the casino industry. Normandie Casino has found this out the hard way. The operator of the casino has agreed to plead guilty to charges that it violated anti-money laundering provisions of the Bank Secrecy Act, according to a…
Oklahoma Judge Rejects Penalties for Rolling the Dice Before a Jury
Jan 15, 2016
Oklahoma Judge Rejects Penalties for Rolling the Dice Before a Jury
As a matter of course, federal prosecutors often pile on charges in order to strong-arm defendants into entering a favorable guilty plea quickly. Those who exercise their jury trial right and put the government to its proof often receive harsh sentences based on these overreaching indictments. But last week, a federal judge in Oklahoma took…
Smart is the New Tough: A Changing Approach in America’s War on Drugs, Crime?
Nov 24, 2014
Smart is the New Tough: A Changing Approach in America’s War on Drugs, Crime?
Fact: the United States incarcerates its citizens at the highest rate in the developed world. Indeed—save one small chain of islands, whose entire population is just a fraction of our prison population—the United States’ incarceration rate is the highest on the planet. And nearly half of our approximately 1.75 million inmates are serving time for…
The Hidden Regulatory and Licensing Consequences to a Conviction or Arrest
Sep 8, 2014
The Hidden Regulatory and Licensing Consequences to a Conviction or Arrest
When it comes to a conviction, or even an arrest, the collateral consequences that are sometimes overlooked by client and counsel can be extremely damaging, especially when dealing with government agencies and programs. One such set of consequences is unique to contractors who do business with federal or state governments. Because even a plea to…
Collateral Damage: Criminal Convictions and the Lasting Consequences
Aug 29, 2014
Collateral Damage: Criminal Convictions and the Lasting Consequences
Prosecutors and often even judges do not appreciate the collateral consequences of a criminal conviction, regardless of whether it results from a trial or a plea agreement. While the direct consequences of conviction are obvious – such as jail time, probation requirements, and fines – the collateral consequences are more insidious. Yet sometimes those…
