Wednesday, September 5, 2012
What Goes Up, Doesn’t Come Down: The Absence of the Mitigating-Role Adjustment in Antitrust Sentencing
Posted by D. Daniel Sokol
Mark Rosman and Jeff VanHooreweghe (Wilson Sonsini) discuss What Goes Up, Doesn’t Come Down: The Absence of the Mitigating-Role Adjustment in Antitrust Sentencing.
ABSTRACT: The Sentencing Guidelines permit an upward or downward adjustment to a sentencing calculation based on the extent of the defendant’s participation in the criminal act. Mark Rosman and Jeff VanHooreweghe argue that the Antitrust Division’s non-use of the mitigating-role adjustment is bad policy with unfair results for defendants.