Thursday, May 15, 2014

White Collar Sentencing is Not All About Loss

An amici brief was filed by a group of law professors and practitioners in support of  three defendants in United States v. Farha.  It's unusual to see amici coming in at the trial level, but this esteemed group offers some important reasons for allowing this brief. 

They note "that this case highlights a serious problem facing federal sentencing judges today - namely, that the federal sentencing guidelines as currently written place too much emphasis on economic 'loss' and too little emphasis on other factors that traditionally have been important factors in determining a fair and just sentence that takes full account of the factors set forth in 18 U.S.C. s 3553(a)." In addition to discussing the distortion caused by the loss guidelines, the authors of this brief also note how other judges have recognized that focusing on loss under the guidelines presents problems. As aptly noted by Hon. Jed Rakoff, the guidelines "tend to place great weight on putatively measurable quantities, such as .....the amount of financial loss in fraud cases, without however, explaining why it is appropriate to accord such huge weight to such factors."  (United States v. Adelson).

Hopefully the court will note the growing number of judges that reject strict adherence to a sentence that is ascertained solely by examining numbers and will remember that we sentence people, not numbers.

 See Amici- Download AmiciBrief 

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2014/05/white-collar-sentencing-is-not-all-about-loss.html

Defense Counsel, Fraud, Sentencing | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef01a511b98919970c

Listed below are links to weblogs that reference White Collar Sentencing is Not All About Loss:

Comments

Post a comment