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Sentencing Posts
How Thick is the Blanket? – Preemptive Pardons as a Presidential Power
Dec 6, 2024
How Thick is the Blanket? – Preemptive Pardons as a Presidential Power
As the presiding judge scolded Hunter Biden’s attorneys this week, “The Constitution provides the President with broad authority to grant reprieves and pardons for offenses against the United States, U.S. Const. art. II, § 2, cl. 1, but nowhere does the Constitution give the President the authority to rewrite history.”[1] But what exactly is that…
The Challenging Terrain of White-Collar Sentencing
Jun 3, 2024
The Challenging Terrain of White-Collar Sentencing
Federal judges are required to balance a number of factors whenever imposing sentence, including specifically enumerated areas that largely stem from the broader philosophical categories of General Deterrence, Specific Deterrence, Retribution/Punishment, Restitution and Victim Impact, and Rehabilitation. In determining the presumptively reasonable range of potential sentences, federal practitioners consult their always-handy U.S. Sentencing Guidelines, which…
Punishing the Parent – Should the Parents of a School Shooter Be Criminally Liable for their Parental Failures?
Apr 16, 2024
Punishing the Parent – Should the Parents of a School Shooter Be Criminally Liable for their Parental Failures?
Can being a bad parent make you a criminal? A jury in Michigan recently answered yes in the case of Jennifer and James Crumbley – the parents of high school mass shooter, Ethan Crumbley. Although neither Mr. nor Mrs. Crumbley fired a single shot during the school shooting that killed four students (and injured six…
Was FTX Collapse as Bad as Enron? In sentencing SBF, Judge Kaplan Says Yes
Apr 1, 2024
Was FTX Collapse as Bad as Enron? In sentencing SBF, Judge Kaplan Says Yes
On Thursday, March 28, 2024, 32-year old Sam Bankman-Fried was sentenced to 25 years in prison for his role in one of the largest financial frauds in U.S. history—a fraud perpetrated through two cryptocurrency entities he founded—FTX and Alameda Research. In late-2023, a jury convicted him on various conspiracy and substantive counts for wire fraud…
Reading the Plea Leaves
Oct 25, 2023
Reading the Plea Leaves
Are guilty pleas in Fulton County confirming the righteousness of Fani Willis’ RICO prosecution or do they reflect an inherent frailty of the case, even in a venue where jurors largely can be expected to instinctively support a prosecution of high-profile Republicans? A close look at the recent plea agreements suggests that prosecutorial victory laps…
When Acquitted Conduct Becomes Untouchable
Jul 27, 2023
When Acquitted Conduct Becomes Untouchable
Alphonse Gabriel Capone was never prosecuted for murder, so there was never a jury determining whether Al was responsible for the infamous St. Valentine’s Day Massacre in which seven gang rivals were executed by Capone’s underlings. Instead, “Scarface” Capone was prosecuted and convicted for felony tax evasion offenses, for which he received 11 years in…
Singing the Varsity Blues – Convictions Vacated For Two Defendants in the College Admission Scandal.
Jun 19, 2023
Singing the Varsity Blues – Convictions Vacated For Two Defendants in the College Admission Scandal.
On May 10, 2023, the First Circuit Court of Appeals provided welcoming news to two of the defendants in “Varsity Blues” the college admissions scandal – their convictions were being vacated. Former Wynn Resorts executive Gamal Abdelaziz and private equity executive John Wilson were just two of dozens of high-profile defendants charged with various white-collar…
Officer Misconduct Reform Issues Highlighted in Brooklyn District Attorney’s Dismissal of Nearly 400 Convictions
Sep 20, 2022
Officer Misconduct Reform Issues Highlighted in Brooklyn District Attorney’s Dismissal of Nearly 400 Convictions
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,…
A Tiny Crack in the Wall?
Dec 10, 2019
A Tiny Crack in the Wall?
Federal sentencing proceedings have a long and rich history of including every speck of good and bad that a defendant brings to the table. Unlike the trial itself, there are no Rules of Evidence that apply to keep the factfinder from considering unreliable or unproven information. The judge need only find facts by a preponderance…
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…
