Good late January Morning gentle readers, the sky is gray and cold, what better time to talk yet again about the Presentence Investigation Report (we sometimes call it the “PSR”) in federal criminal cases.  Careful readers will recall that I return to this subject around every 3-4 years on this blog, such as here and here. Recall, the PSR is a document prepared by a U.S. Probation Officer who works for the Judge.  The PSR is only prepared if a Defendant is either found guilty by a jury, or if he or she admits to committing a crime in a guilty plea proceeding. The PSR has two basic pa ..read more

I posted the other day about a federal fraud case here in the gorgeous Spring weather in Atlanta, Georgia.  In that post I mentioned some of the ways to avoid a prison sentence for people facing federal fraud charges arising out of “white collar” or what we sometimes call “economic crimes.”  I got a different client out of a federal prison in a fraud case recently, but this was done using a completely different strategy and method.  This second matter involved one of those situations in which the client’s cooperation against others was the most valuable asset available to the fe ..read more

As many know, I am a criminal defense lawyer in Atlanta Georgia who handles federal criminal cases here and all over the United States (I’m currently working on federal cases in Vermont, Pennsylvania, Maryland, North Carolina, Florida, the Middle and Southern Districts of Georgia, and out in Texas and Arkansas).  Many of my clients are accused of what are sometimes called “white collar” or “economic” crimes.  No matter what name we give such cases, they are almost always charged under one of the federal laws that outlaw fraudulent conduct. Many people contact us because they are fear ..read more

Readers (the 4 of you know who you are) are aware that I am a criminal defense lawyer in Atlanta who’s specializes in federal cases and criminal appeals.  My cases in federal court are often in Georgia, but also take me to other parts of the country.  Today, I am meeting with a client in Atlanta to go over the Presentence Investigation Report (or “PSR”) for her case in federal court in Texas.  So, let’s talk about the PSR. A PSR is the document that is sort of the beginning and the end of a federal criminal sentencing process.  If a Defendant is found guilty, by pleading or ..read more

I just got a call from my client in a recent federal criminal case here in Atlanta.  My client was outside the gates of the federal prison, and gave me one last call before he went inside to begin serving his sentence, or as some inmates call it, “doing time.”  I always feel bad for my clients and their families when anyone is separated from society and their loved ones because they are incarcerated.  In the big picture, this man received a very favorable sentence, considering the facts of his situation on the day when I first met him.  Still, it’s a sad feeling to get such ..read more

The media and “the Internets” are all agog over yesterday’s filing in the Mueller Investigation by which the Office of Special Counsel said that one of its cooperating witnesses in that federal criminal case, former General and National Security Advisor Michael Flynn, has provided “substantial assistance”.  I’ve been handling federal criminal cases for over 35 years, and have been on the “giving” and “receiving”end of substantial assistance.  Despite the furor in the media, I wanted to talk a little about how these things work in the real world. For starters, the idea that those who ..read more

OK, here’s my second post on the annual amendments to the Federal Sentencing Guidelines, rules that govern imposition of a criminal sentence in all federal courts from Alanta to Alaska, from Maine to Moultrie (way down in South GA, look it up if you’re not familiar with it).  There are two good defense-friendly amendments I will mention, but first, a little more history (poor readers, you know my inclinations). Over the past 30 years, there have been a number of trends we see in these yearly Guideline amendments.  For the first 15-20 years, virtually all such amendments resulted in h ..read more

Here is a photo of one of the bookshelves of my Atlanta officer where I handle lots of federal criminal cases. IMG_0658  If you look closely you will see row after row of Federal Sentencing Guidelines Manuals, stretching from the current version back to the slim original 1987 Guidelines.  I just got done ordering the newest version.  Each year, like clockwork, the United States Sentencing Commission issues a new and amended version of the Guidelines.  Each year, this annual version comes into effect on November 1.  Just like the New Year celebrations make peo ..read more

All lawyers need to keep up with their reading, and criminal defense attorneys are no different.  I’ve been plowing through recent federal criminal cases, and came across three (not from the Atlanta area) that deal with the financial aspects of a federal criminal sentence.  Each sort of reminds me of the Ojay’s song, “For the Love of Money”  with that great refrain, “Money Money Money Money, MONEY!” OK, class, let’s remember the basics.  A federal criminal sentencing hearing involves more than just the amount of time a person might have to go to prison.  A federal judg ..read more

My criminal defense office is in Atlanta, but as a lawyer my clients are from various parts around the country.  Readers of this blog know that the majority of my clients face federal criminal charges.  One long-standing client recently died, it was very sad, he was in his late 50’s and is survived by his wife of three decades and seriously disabled child.  I was very troubled by this man’s case, for I felt he did not commit a crime.  However, the prosecutors threatened to go after his wife, leading this client to decide to plead guilty to protect his spouse.  The Judg ..read more