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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…
Eight Finance Social Media Influencers Charged In $100 Million Market Manipulation Scheme
December 19, 2022
Eight Finance Social Media Influencers Charged In $100 Million Market Manipulation Scheme
By: Jake Gray
The U.S. Securities and Exchange Commission (“SEC”) has announced charges against eight finance-oriented social media influencers in an alleged $100 million securities fraud scheme, in which they engaged in “pump-and-dump” market manipulation by leveraging their following on various social media platforms. The securities fraud charges, unsealed on December 13th, name seven defendants with an eighth defendant charged with aiding and abetting the alleged scheme. [1]…
Officer Misconduct Reform Issues Highlighted in Brooklyn District Attorney’s Dismissal of Nearly 400 Convictions
September 20, 2022
Officer Misconduct Reform Issues Highlighted in Brooklyn District Attorney’s Dismissal of Nearly 400 Convictions
By: Jake Gray
On September 7, 2022, the Brooklyn district attorney’s office announced its request to vacate nearly 400 convictions, dating back to 1999, that were founded on testimony provided by officers who were later found guilty of crimes committed while on duty. Among the 13 officers’ crimes are murder, planting drugs, taking sex bribes, civil liberties violations, and perjury—crimes that called “into question the integrity of every…
More than a Mantra: Pitfalls of Excluding Time under Speedy Trial Analysis
July 1, 2022
More than a Mantra: Pitfalls of Excluding Time under Speedy Trial Analysis
By: James Trusty
This week the Second Circuit Court of Appeals issued a stinging reminder about the need for precision in the case of U.S. v. Pikus, No. 20-3080 (2d Cir. 2022). Aleksander Pikus was one of four defendants charged with money laundering conspiracy and related offenses for bilking Medicare and Medicaid through false billings. The scheme featured unnecessary ambulance rides to a Brooklyn medical clinic apparently run…
Michigan’s High Profile Boomerang
April 21, 2022
Michigan’s High Profile Boomerang
By: James Trusty
About one month before the 2020 election, the Department of Justice proudly announced their disruption of a scheme to kidnap Michigan Governor Gretchen Whitmer. Six men were arrested and referred to as “violent extremists.” Gov. Whitmer’s surrogates indicated that the blame was not fully on the gnarly bearded men whose pictures dominated newscasts around the country, but on Donald Trump, who had whipped up crowds…
Modern Day Ceasar Faces Brutal End
August 23, 2021
Modern Day Ceasar Faces Brutal End
By: James Trusty
Last week’s Second Circuit Court of Appeals opinion in U.S. v. Sinmayah Ceasar, 2021 WL 3640387 (2nd Cir. Aug. 18, 2021) provides some insight into the challenging area of defining a “reasonable” sentence and ascertaining the circumstances when appellate courts might overturn a judge’s sentencing decision for being “unreasonably” lenient. The case against Ceasar was not built in a day. The government obtained evidence that…
