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Sentencing Posts
The Recession’s Effect on Federal Prison Sentences
Mar 7, 2011
The Recession’s Effect on Federal Prison Sentences
On March 2, 2011, Jeff Ifrah, founder of Ifrah Law, and Jeffrey Hamlin, an associate in the firm, published the following article in the Los Angeles Daily Journal. Prison inmates in the United States may have reason to thank Wall Street for the 2008 recession. The bloated federal deficit is forcing agencies to tighten their budgets, including…
Amicus Briefs Urge Reduction in Rubashkin Fraud Sentence
Jan 25, 2011
Amicus Briefs Urge Reduction in Rubashkin Fraud Sentence
We first posted about Sholom Rubashkin—the former plant manager at the now-defunct Agriprocessors, Inc. — back in May 2010, when Rubashkin was awaiting sentence for more than 80 counts of fraud in connection with his operation of the kosher slaughterhouse. Since then, Chief U.S. District Judge Linda Reade of the Northern District of Iowa sentenced…
A Tragic Result of the Stevens Case
Jan 3, 2011
A Tragic Result of the Stevens Case
We have discussed the fallout from the Ted Stevens prosecution several times in this blog. See this post, this post, and this post. The Jan. 3, 2011, issue of the New Yorker magazine has a fascinating article about another, very sad result of that case – the September 26, 2010, suicide of Nicholas Marsh, a…
In Federal Sentencing, Age Begins to Matter
Oct 29, 2010
In Federal Sentencing, Age Begins to Matter
On November 1, 2010, a new amendment to the U.S. Sentencing Guidelines will go into effect that will allow a judge to consider a defendant’s age far more often than before in handing down a sentence in federal court. We think this change will have a major impact on sentencing in white-collar criminal cases. Defendants…
Banned From the Internet: A Term of Probation That Is Overly Restrictive
Oct 11, 2010
Banned From the Internet: A Term of Probation That Is Overly Restrictive
The following opinion article by Ifrah PLLC founding partner A. Jeff Ifrah and associate Steven Eichorn appeared in the National Law Journal on October 11, 2010. Banned from the Internet Prohibiting a defendant on probation from conducting any business online is overly restrictive and not reasonably related to legitimate sentencing goals. By A. Jeff Ifrah and…
For Convicted CEO, Legal Fee Payment Depends on the Agreement
Sep 17, 2010
For Convicted CEO, Legal Fee Payment Depends on the Agreement
When is a company obliged to pay the legal fees of a wayward employee? The answer generally depends on the precise wording of the employee agreement, if an agreement exists. A good case in point is the recent one of Frances Flood, the CEO of ClearOne Communications, who left the company in 2004 while…
In Lerach Case, An Interesting Sentencing Distinction
Aug 11, 2010
In Lerach Case, An Interesting Sentencing Distinction
The U.S. attorney’s office in Los Angeles just took an interesting and nuanced position concerning a very high-profile request for community service as part of a guilty plea. Disgraced plaintiffs attorney William Lerach pleaded guilty in 2007 to a charge of conspiring to obstruct justice and make false statements in many of his law firm’s…
Federal Sentencing: A Longer Sentence For Post-Conviction Comments to the Press?
Aug 2, 2010
Federal Sentencing: A Longer Sentence For Post-Conviction Comments to the Press?
Lynne Stewart, an attorney who was convicted in 2005 of providing material support to a terrorist group by passing messages to and from her imprisoned client, Sheik Omar Abdel Rahman, to his followers, was re-sentenced last month by U.S. District Judge John Koeltl in the Southern District of New York to 10 years in prison,…
Kagan Stresses Deference to Congress on Federal Sentencing
Jul 6, 2010
Kagan Stresses Deference to Congress on Federal Sentencing
In her three-day Supreme Court confirmation hearing, nominee Elena Kagan expressed very few views on substantive issues that might give observers a clue as to how she would vote as a Justice. Criminal law and sentencing issues were no exception, as the nominee did not tip her hand much on these matters. One interesting tidbit…
From Federal Prison, Ex-Enron CEO Ponders His Case
Jun 29, 2010
From Federal Prison, Ex-Enron CEO Ponders His Case
On June 25, 2010, the U.S. Supreme Court issued its partially favorable decision in Skilling v. United States. Although the Court accepted former Enron CEO Jeff Skilling’s arguments on the reach of the “honest services” statute, it rejected Skilling’s contention that pretrial publicity and community prejudice prevented him from receiving a fair trial. Since his…
