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Sentencing Posts
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…
Rubashkin Gets 27-Year Federal Sentence for Fraud
Jun 21, 2010
Rubashkin Gets 27-Year Federal Sentence for Fraud
Today, U.S. District Judge Linda Reade in Iowa sentenced former kosher meatpacking executive Sholom Rubashkin to 27 years in a federal prison for his conviction on 86 counts of federal financial fraud charges. The prison term will be followed by five years of parole. Mr. Rubashkin will also be required to make restitution of nearly $27…
A Rubashkin Acquittal: Did the Prosecutor Go Too Far?
Jun 11, 2010
A Rubashkin Acquittal: Did the Prosecutor Go Too Far?
Former Agriprocessors, Inc. executive Sholom Rubashkin was acquitted in Iowa state court on Monday, June 7, 2010, on all 67 counts of child labor violations relating to 26 teenagers from Latin America who worked at Rubashkin’s kosher meatpacking plant in Postville, Iowa. The jury reached its verdict during the second day of deliberations. During the…
The Fate of an Iowa Butcher — Scapegoat or Cautionary Tale?
May 14, 2010
The Fate of an Iowa Butcher — Scapegoat or Cautionary Tale?
On June 22, 2010, Chief U.S. District Judge Linda Reade of the Northern District of Iowa will impose a sentence on Sholom Rubashkin, formerly the plant manager at Agriprocessors, Inc., the now-defunct Postville, Iowa, kosher slaughterhouse. The sentencing comes more than two years after a massive immigration raid that netted a total of 289 undocumented…
