The Sentencing Guidelines regularly create unjust results in white collar cases. Loss calculations, which are not tethered to reality or related to actual culpability, produce sentences that are astoundingly high and do not serve the goals of sentencing. The risk of being sentenced under these draconian guidelines effectively precludes defendants from exercising their Sixth Amendment right to a trial. This page contains resources on the U.S. Sentencing Commission as it relates to white collar sentencing and possible reform.  

The Sentencing Guidelines regularly create unjust results in white collar cases. Loss calculations, which are not tethered to reality or related to actual culpability, produce sentences that are astoundingly high and do not serve the goals of sentencing. The risk of being sentenced under these draconian guidelines effectively precludes defendants from exercising their Sixth Amendment right to a trial. This page contains case materials related to white collar sentencing.

Department of Justice memorandum on sentencing, including sections on the prosecutor's role in sentencing, selecting charges, and plea agreements.

The Sentencing Guidelines regularly create unjust results in white collar cases. Loss calculations, which are not tethered to reality or related to actual culpability, produce sentences that are astoundingly high and do not serve the goals of sentencing. The risk of being sentenced under these draconian guidelines effectively precludes defendants from exercising their Sixth Amendment right to a trial. This page contains general resources on white collar sentencing and possible reform.

The Sentencing Guidelines regularly create unjust results in white collar cases. Loss calculations, which are not tethered to reality or related to actual culpability, produce sentences that are astoundingly high and do not serve the goals of sentencing. The risk of being sentenced under these draconian guidelines effectively precludes defendants from exercising their Sixth Amendment right to a trial. This page contains law reviews and publications on white collar sentencing and possible reform.

Brief Of Amicus Curiae National Association Of Criminal Defense Lawyers in Support of Petition for Writ of Certiorari.

Argument: Broad forfeiture rules chill vital defense arguments. Broad forfeiture rules force defendants into a Hobson’s choice between constitutional rights. Broad forfeiture rules undermine the institution of the criminal trial. NACDL submits this brief in support of the petition for certiorari because the issue presented in this case—whether a criminal defendant who “opens the door” to responsive evidence also forfeits the right to exclude evidence otherwise barred by the Confrontation Clause—is of paramount importance to criminal defense attorneys throughout the country and the clients they represent. 

Sentencing Memorandum Opinion, United States v. Kevin A. Ring, No. 08-CR-274 (D.D.C. September 20, 2011)

State and federal laws allow law enforcement agencies to seize the property of an individual who has not been charged with a crime.  This practice tears at the heart of justice and fairness in our system and turns the fundamental principle that a person is innocent until proven guilty on its head.

NACDL believes that asset forfeiture represents one of the most fundamental threats to the individual liberties of those accused of criminal activities as well as citizens not charged with any crime.  NACDL strongly encourages the reform of asset forfeiture laws.

NACDL has proposed several technical statutory amendments to rectify the money laundering regime’s most serious flaws by simplifying and clarifying current law, facilitating compliance efforts by individuals and businesses, and by focusing federal law enforcement on serious misconduct. [Released August 2001]

NACDL created The Commission to Reform the Federal Grand Jury, drawing on the expertise of a variety of professionals throughout the criminal justice system. Commissioners spent two years examining the need for changes in the grand jury process and produced a Federal Grand Jury Bill of Rights based on their findings. The ten reforms set forth in this Bill of Rights, largely echoing those proposed by the American Bar Association (ABA) more than 20 years ago, would restore balance to the grand jury process and better protect against unwarranted prosecutions. [Released May 2000]

Ruling Immigration Law Unconstitutionally Overbroad, But Door Remains Open for Future Challenges

The Supreme Court in Sineneng-Smith did not directly rule against the argument that 8 U.S.C. § 1324(a)(1)(A)(iv) is unconstitutionally overbroad. But it is possible that this statute may be challenged in the future.

Jennifer Bouriat provides an overview of the mail and wire fraud statutes and the right to control theory, a brief history of the pertinent case law that has shaped the theory, and an overview of the circuit split on the validity of the theory. She offers key points to consider in defending a mail and wire fraud case.

Few areas in the white collar world are in as much upheaval as law and practice under the federal honest services statute, but public corruption investigations continue at a quick pace. The authors provide practical suggestions about how to shape and present a defense – from a theory of the case and in limine motions to jury instructions and post-trial advocacy.

An Ounce of Prevention Can Be Worth a Pound of Cure, Especially When Careful Planning Avoids Ethical Pitfalls

Defense attorneys Andrew Boutros and John Schleppenbach provide proactive guidance for white collar practitioners on avoiding ethical traps – such as a potential conflict of interest – when entering into joint defense agreements.

The Shortcomings and Pitfalls in the Government’s Promised Protections