News & Analysis as of

White Collar Crimes Corporate Crimes Federal Sentencing Guidelines

Bradley Arant Boult Cummings LLP

Sentencing Commission Rejects Actual Versus Intended Loss Distinction

The U.S. Sentencing Guidelines play an enormous role in federal sentencing. While courts are not required to follow the guidelines, the guidelines remain the starting point for determining a defendant’s ultimate sentence. For...more

Bradley Arant Boult Cummings LLP

“Not Guilty Means Not Guilty”: U.S. Sentencing Commission Unanimously Votes to Prohibit the Consideration of Acquitted Conduct in...

On April 17, 2024, the seven-member panel of the U.S. Sentencing Commission voted to adopt an amendment prohibiting judges from using acquitted conduct in applying the federal sentencing guidelines. Previously, and consistent...more

BakerHostetler

DOJ to Corporations - “Knock on Our Door Before We Knock on Yours”

BakerHostetler on

At last week’s ABA National White Collar Crime Institute, the leadership of the Department of Justice (the DOJ or the Department), including Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco, made clear...more

WilmerHale

DOJ Announces Pilot Whistleblower Rewards Program and Increased AI Enforcement

WilmerHale on

On March 7, 2024, Deputy Attorney General Lisa Monaco announced Department of Justice (DOJ) initiatives to incentivize whistleblowers with payouts from civil or criminal forfeitures and to integrate artificial intelligence...more

Bradley Arant Boult Cummings LLP

The Zero-Point Offender Adjustment: U.S. Sentencing Commission’s Proposed Amendment Gives Some First-Time Offenders a Break

The United States Sentencing Commission recently adopted amendments to its Guidelines Manual, and they include some noteworthy changes. The proposed amendments were submitted to Congress on April 27, 2023. Absent...more

Ballard Spahr LLP

DOJ's Revisions to the Corporate Enforcement Policy Incentivize Self-Reporting of Misconduct

Ballard Spahr LLP on

Summary - The Department of Justice (DOJ) last week issued revisions to the Criminal Division’s Corporate Enforcement Policy that incentivize companies to promptly self-disclose corporate misconduct, cooperate with the DOJ,...more

McDermott Will & Emery

DOJ Memorandum Clarifies US Sentencing Guidelines’ Fine Reduction Determination Process

McDermott Will & Emery on

The US Sentencing Guidelines permit reductions of criminal penalties based on a business organization’s inability to pay criminal fines, but were unclear about how it would make such determinations. An October 8 memorandum...more

Jones Day

DOJ Announces Changes in White-Collar Criminal Enforcement in the Interest of Transparency

Jones Day on

The Situation: On October 8, 2019, the U.S. Department of Justice ("DOJ") announced two significant developments relating to the enforcement of white-collar crime: (i) new guidance on how prosecutors should evaluate requests...more

WilmerHale

DOJ Inability to Pay Guidance: Beyond Corporate Formalities

WilmerHale on

On October 8, 2019, the US Department of Justice (DOJ or Justice Department) issued new guidance on evaluating inability-to-pay arguments in a memorandum to the Criminal Division. The memorandum provides considerably more...more

Foley Hoag LLP - White Collar Law &...

DOJ Issues Guidance on Corporate Poverty Claims

On Tuesday, October 8, 2019, the Department of Justice provided guidance on how its prosecutors should evaluate claims of corporate poverty. This comes on the heels of Deputy Assistant Attorney General Matthew Miner’s...more

Foley Hoag LLP - White Collar Law &...

DOJ Considers Guidance on Corporate Claims of Inability to Pay

On September 12, 2019, Deputy Assistant Attorney General Matthew Miner signaled that the Department of Justice may provide further guidance to prosecutors—and companies—on how to evaluate claims of corporate poverty. In a...more

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