FCPA Compliance Report - Eric Morehead - The US Sentencing Guidelines at 30
FCPA Compliance Report-Episode 346, Mike Skopets on Miller’s Summer 2017 FCPA Report
FCPA Compliance Report-Episode 334, Lauren Briggerman
What issues do people raise in a federal criminal appeal?
How Does Cooperating In A Federal Criminal Case Work?
How do the federal sentencing guidelines work in federal fraud cases?
How do the federal sentencing guidelines work?
What's the process for imposing sentence in federal court?
How Does A Federal Judge Decide What Sentence To Impose In a Federal Criminal Case?
The Supreme Court of the United States issued five decisions today: United States v. Rahimi, No. 22-915: This Second Amendment case addresses the constitutionality of 18 U.S.C. § 922(g)(8), which makes it a crime for an...more
The Supreme Court of the United States issued three decisions today: Cantero v. Bank of America, N.A., No. 22-529: This case addresses the standard for determining when state laws that regulate national banks are...more
Since the Supreme Court’s decision in United States v. Watts, 19 US 148 (1997), judges have been permitted to consider acquitted conduct when calculating a defendant’s sentencing guidelines range and determining their...more
Everyone knows what "and" means. "And" is not a word you have to look up. So why did the use of "and" in a criminal sentencing statute divide the U.S. Supreme Court? Because the statute's grammatical structure allowed "and"...more
SCOTUS Declines to Hear False Claims Act Challenge - On January 22, the US Supreme Court denied a petition to hear a challenge to a Fifth Circuit Court of Appeals decision that upheld scienter and False Claims Act (FCA)...more
The Supreme Court of the United States issued two decisions today: United States ex rel. Polansky v. Executive Health Resources, Inc., No. 21-1052: This case concerned the scope of the government’s authority to dismiss a...more
The aggravated identity theft statute, 18 U.S.C. §1028A, imposes a mandatory two-year sentencing enhancement upon a defendant who “uses” without lawful authority another’s means of identification “during and in relation to”...more
Court Unseals Charges Alleging Nearly $15 Million in Fraudulent PPP Loans - Earlier this week, federal prosecutors in the Southern District of New York announced the unsealing of a criminal complaint charging six...more
Former Theranos Executive Ramesh “Sunny” Balwani Sentenced to Nearly 13 Years - On December 7, 2022, Ramesh “Sunny” Balwani, a former Theranos executive, was sentenced to nearly 13 years in prison, and three years of...more
Coming off the decisions in the landmark Dobbs and Bruen cases, the rest of the term might seem anticlimactic. Nevertheless, as the shelf is being cleared of the remaining cases, there are still rulings of significance to...more
Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869: This case concerns the scope of the Copyright Act’s fair use defense. The case arises from Andy Warhols’ artwork that utilized a photo of music legend...more
How do the lower courts apply a Supreme Court decision when there is no majority opinion to serve as precedent? This problem happens more often than one would think: Four justices take part in a plurality opinion, and one...more
On Friday afternoon, the Supreme Court granted certiorari and agreed to hear arguments in twelve cases: Animal Science Products v. Hebei Welcome, No. 16-1220: Whether a court may exercise independent review of an appearing...more
The Supreme Court of the United States issued decisions in three cases on May 19, 2016: CRST Van Expedited, Inc. v. EEOC, No. 14-1375: The Equal Employment Opportunity Commission (“EEOC”) brought a suit in its own name...more
The Supreme Court of the United States issued one decision on April 18, 2016: - Welch v. United States, No. 15-6418: Last term, the Supreme Court, in Johnson v. United States, 576 U.S. __ (2015), held that the residual...more
Are alleged sentencing arbitrariness in death penalty cases and a shift in public opinion setting the death penalty on the road to the U.S. Supreme Court? Last year, of the 31 states that allow capital punishment only seven...more
Two Justices of the U.S. Supreme Court took the Fourth Circuit to task for not publishing a significant opinion. The ear-boxing came last month in the form of a denial of a Petition for Certiorari from which Justice Thomas...more