Archives: Sentencing

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Supreme Court to Decide Whether Government can Freeze a Defendant’s Lawful Assets Pre-Conviction

Whether the government can freeze all of a defendant’s assets before trial, even where those assets are not tainted by any connection to alleged federal offenses, thereby preventing a defendant from paying for his own defense, will be decided by the U.S. Supreme Court in Luis v. United States, No. 14-419. The federal Mandatory Victims … Continue Reading

Commission Proposes Changes to Sentencing Guidelines for Fraud

The United States Sentencing Commission has voted to change the sentencing guidelines for persons convicted of fraud. The proposed changes, which remain subject to congressional approval, are intended to better account for harm to victims, individual culpability, and the offender’s intent. Three changes proposed by the Commission are especially noteworthy: Offenders would receive harsher penalties … Continue Reading

Corporate Executives Sentenced to Prison for $3.4M Kickback Scheme

Two former executives at one of the nation’s leading healthcare claims processing firms, MultiPlan, Inc., were recently sentenced to serve one year and one day in federal prison for their role in a scheme to steer contracts to technology vendors in exchange for $3.4 million in bribes and kickbacks. Keith Bush, MultiPlan’s former Vice President … Continue Reading

Employer Restitution under Victim Restitution Law (MVRA) Not Offset by Employee’s Canceled Stock Options, Court Rules

The Mandatory Victim Restitution Act of 1996 (“MVRA”) provides that defendants convicted of crimes committed by “fraud or deceit” compensate victims for the full amount of their losses.  Whether the amount of restitution may be offset if an employer-victim actually profited from the fraud or deceit has been a question for the courts. According to … Continue Reading

Sentencing Commission Considering Changes to Penalties for White Collar Crime

After a long period of steadily increasing federal prison terms for economic crimes, the U.S. Sentencing Commission has announced that it is considering changes to the guidelines for calculating punishments for many white collar crimes.  On August 14, 2014, the Commission identified its policy priorities for the current cycle for proposing amendments to the federal … Continue Reading