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Criminal Law

: Sentencing Law and Policy

"Disparities Seen in Federal Securities Fraud Sentences"

By Douglas A. Berman

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The title of this post is the title of this piece from last Friday's New York Law Journal by Steven Feldman discussing federal sentencing developments in a notable white-collar setting.  Here are snippets: Greater uncertainty reigns now that the guidelines are advisory. Because anecdotal evidence indicates that district courts are now more frequently imposing sentences below the guidelines range, it falls to practitioners to look for patterns in what appears to be a fairly random imposition of below-guidelines sentences. Recognizing these patterns is critical because having a sense of a likely sentence plays an important role in the decision of whether to go to trial or plead guilty. Several trends appear in recent securities fraud cases: ? Defendants convicted after trial are more likely to receive sentences within the guidelines range...continue to full post

Full post as published by Sentencing Law and Policy on March 23, 2009 (boomark / email).

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