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White-Collar Sentencing Under the Amended Guidelines: Fewer Steps, Same Dance
FEATURED
November 12, 2025
White-Collar Sentencing Under the Amended Guidelines: Fewer Steps, Same Dance
By: Robert Ward
For years, the U.S. Sentencing Commission’s Guidelines Manual has guided courts through a three-step process to determine the sentence to be imposed. At a high level, that process looked like this: First, the court would calculate the guideline range based on relevant offense conduct and related factors, along with the defendant’s criminal history. Second, the court would consider the Sentencing Commission’s policy statements or commentary relating to “departures” from the guidelines as well as the defendant’s specific personal characteristics. Third, and finally, the court would consider the statutory factors set out in 18 U.S.C. § 3553(a) in determining the sentence to be imposed (whether within the guideline range or varying in either direction). As of November 1, 2025, this three-step…
Personal Information Flo-wing out of Control
October 20, 2025
Personal Information Flo-wing out of Control
By: Lauren Scribner
In September, a nearly $60 million settlement was reached in Frasco, et al v. Flo Health, Inc., Meta Platforms, Inc., Google, LLC, and Flurry, Inc. The case,[1] a class action filed in 2021, alleged inter alia that Flo Health Inc. (“Flo”), a popular women’s health tracking application estimated to have over 38 million monthly users, invaded the privacy of its users by sharing personal and…
New Laws for AI Developers: California’s Fork in the AI Regulatory Road
October 16, 2025
New Laws for AI Developers: California’s Fork in the AI Regulatory Road
By: Steven Hess
AI Regulation and The Transparency in Frontier Artificial Intelligence Act Artificial intelligence (“AI”) products have become an increasingly significant aspect of U.S. innovation, growth, and development. Generative AI is being used to predict the structure of proteins and other biomolecules in pharmaceutical research,[1] to simulate wargames for the U.S. military,[2] and to drive an estimated hundreds of billions of dollars of growth in sectors from…
Strike Force Hits Hard at Massive Medicare Fraud
March 31, 2011
Strike Force Hits Hard at Massive Medicare Fraud
By: Ifrah Law
Last month, the Federal Medicare Strike Force charged 111 defendants in nine states for their alleged participation in fraud schemes that reportedly cost Medicare almost a quarter billion dollars. Last month’s sweep resulted from the Justice Department’s and Health and Human Services’ work with the FBI, the HHS inspector general, and various state and local law enforcement officials. It represents the largest federal takedown of health-care…
The Great Race: Legal Online Poker Advances in Nevada, Hawaii Legislatures
March 24, 2011
The Great Race: Legal Online Poker Advances in Nevada, Hawaii Legislatures
By: Ifrah Law
Hearing Clarifies Issues in Nevada The Nevada Assembly Committee on Judiciary met on March 24, 2011, to discuss AB 258, which would provide for the licensing and operation of Internet poker in Nevada for the first time. Committee members were, not surprisingly, interested in the possible benefit or harm to Nevada’s existing bricks-and-mortar gaming industry from the legislation – such as the possible creation of…
‘Taking the Fifth’ Before Congress: A New Ethics Twist
March 18, 2011
‘Taking the Fifth’ Before Congress: A New Ethics Twist
By: Ifrah Law
It’s unethical for a prosecutor to put a witness on the stand in a criminal trial when he or she knows in advance that the witness is going to take the Fifth Amendment and refuse to testify at all. Legal ethics authorities reason that the only effect of that kind of testimony is not to bring out relevant evidence but simply to prejudice the jury…
Brady Violation Leads to Reversal of Conviction in D.C.
March 14, 2011
Brady Violation Leads to Reversal of Conviction in D.C.
By: Ifrah Law
Editor’s note: This is a guest blog post by David Deitch, a Washington, D.C.-based litigator and the author of the White Collar Criminal Defense Blog. He can be reached at dbdeitch@nulldeitchlawdc.com. According to the D.C. Court of Appeals, when it comes to Brady disclosures, late is not necessarily better than never. In Miller v. United States, decided on March 3, 2011, the court overturned a conviction…
The Recession’s Effect on Federal Prison Sentences
March 7, 2011
The Recession’s Effect on Federal Prison Sentences
By: Ifrah Law
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 the U.S. Department of Justice. According to its budget for…
