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Sentencing Posts
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…
Another SDNY Judge Finds the U.S. Federal Sentencing Guidelines Wanting
Apr 30, 2014
Another SDNY Judge Finds the U.S. Federal Sentencing Guidelines Wanting
In a sentencing hearing yesterday in the Southern District of New York, yet another judge reached the conclusion that the quasi-mathematical formulaic approach of the United States Sentencing Guidelines fails to account adequately for differences between criminal defendants. But, in this case, the result was to the detriment of the individual being sentenced in that…
Was This Sentence Quite Excessive for a Bizarre Fraud Scheme?
Aug 15, 2013
Was This Sentence Quite Excessive for a Bizarre Fraud Scheme?
A $3 billion fraud scheme, more farcical than dangerous and in any case doomed to fail, led to 20-year sentences in federal prison for all four conspirators. The U.S. Court of Appeals for the 2nd Circuit, however, vacated the sentences on procedural grounds, and U.S. District Judge Stefan R. Underhill of the District of Connecticut,…
Conspirators Get Prison Time for Defrauding Small Business 8(a) Program
Jul 22, 2013
Conspirators Get Prison Time for Defrauding Small Business 8(a) Program
White-collar crime can involve any number of types of fraud against the government or private parties. One that isn’t usually thought about but can result in serious jail time involves conspiracies to obtain government contracts fraudulently by setting up bogus small and minority-owned businesses in order to qualify for government preferences. In the past few…
Judge Declares He’s Not Potted Plant, Asserts Right to Supervise Deferred Prosecution Agreements
Jul 19, 2013
Judge Declares He’s Not Potted Plant, Asserts Right to Supervise Deferred Prosecution Agreements
A recent decision by U.S. District Judge John Gleeson in the Eastern District of New York may be the harbinger of new limits on the government’s ability to use a prosecutorial tool of which it has become very fond lately – the deferred prosecution agreement. Judge Gleeson’s assertion that a district court has a right to…
Kansas Juror Found in Contempt for Online Comments During Trial
Jun 10, 2013
Kansas Juror Found in Contempt for Online Comments During Trial
Two years ago, we anticipated a growing problem with jurors who disregard trial judges’ instructions concerning Internet use. In July 2011, we reported on the first known prosecution of a juror in Great Britain for Internet-related misconduct. Since then, a Florida judge sentenced a Sarasota County juror to three days in jail for criminal contempt….
More Enron Fallout: Skilling and DOJ Enter Agreement to Reduce Sentence
May 9, 2013
More Enron Fallout: Skilling and DOJ Enter Agreement to Reduce Sentence
Former Enron executive Jeffrey Skilling reportedly has negotiated a deal with federal prosecutors that is likely to result in a significant reduction of the prison sentence he will serve for his role in the collapse of Enron. Under the new agreement, Skilling faces between 14 and 17.5 years in prison — a 27 to 42…
DOJ Notice Hints at a Sentencing Deal With Former Enron Exec Jeffrey Skilling
Apr 29, 2013
DOJ Notice Hints at a Sentencing Deal With Former Enron Exec Jeffrey Skilling
Justice may or may not be blind; but she can buckle under pressure. It may take years, millions of dollars and armies of attorneys, but if you have the resources to test her mettle, you too may tip the balance in your favor. Almost seven years after his conviction on fraud and other charges, former…
Online Pharma Exec Gets 4 Years in Prison for Selling Foreign Drugs in U.S.
Jan 11, 2013
Online Pharma Exec Gets 4 Years in Prison for Selling Foreign Drugs in U.S.
Andrew Strempler, a Canadian citizen who helped to pioneer the cross-border online pharmacy industry, was sentenced on January 9, 2013, to four years in prison in connection with allegations that his former company sold fake and misbranded drugs to U.S. citizens. The sentence follows Strempler’s guilty plea in October in federal court in Miami to…
