January 25, 2024 in , willfulness in the context of Section 192 does not require a showing that the defendant intended to violate the law or acted with an evil motive or bad purpose. The government need only prove that the failure to comply was deliberate. It is extremely unlikely that is still good law today, given numerous Supreme Court white collar crime opinions since 1961 requiring the government to prove an intent to violate a known legal duty in order to show willfulness. Here are some case materials from ..read more

January 25, 2024 in , willfulness in the context of Section 192 does not require a showing that the defendant intended to violate the law or acted with an evil motive or bad purpose. The government need only prove that the failure to comply was deliberate. It is extremely unlikely that is still good law today, given numerous Supreme Court white collar crime opinions since 1961 requiring the government to prove an intent to violate a known legal duty in order to show willfulness. Here are some case materials from ..read more

August 24, 2016 in was victimized: "It's traumatic to be out late with your friends in a foreign country - with a language barrier - and have a stranger point a gun at you and demand money to let you leave."  While Mr. Lochte did use the word "apologize," his apology minimized his misbehavior by describing it as lack of carefulness and candor rather than lying, and omitted any mention of the intoxication, urination and vandalism ..read more

September 14, 2019 in ) in the college admissions scandal. But there are problems with this - Felicity Huffman's 14-Day Sentence is Unjust - Because It's Too High ..read more

April 3, 2018 in ). The sentence is 30 days. (see ). According to the terms of the plea agreement, he faced a maximum of 5 years imprisonment. (see ).  The agreement called for a level 6 under the sentencing guidelines, with a reduction of 2 for acceptance of responsibility, finalizing at a level 4.  The details of the false statement that led to the violation of 18 U.S.C. 1001 are ..read more

February 11, 2020 in - it didn't go well for DOJ.  Prosecutors Quit Amid Escalating Justice Dept. Fight Over Roger Stone's Prison Term )  This is highly unusual to have AUSAs withdraw after they have filed an initial Sentencing Memorandum.  A new sentencing memo has now been filed  Investigation of Allegations of Politicized Hiring in the DOJ Honors Program ..read more

September 14, 2019 in ) in the college admissions scandal. But there are problems with this - Felicity Huffman's 14-Day Sentence is Unjust - Because It's Too High ..read more

June 6, 2020 in , in the Washington Post, all the folks (Trump, Pence, Priebus, etc.) who presumably thought Flynn's allegedly false statements were material. Chuck is relying on the general public's ignorance of federal criminal law. The only materiality at issue in is the materiality of the January 24, 2017 statements Flynn made to high-ranking FBI Supervisory Agents, which statements formed the basis of Michael Flynn's guilty plea and Statement of the Offense. Those post-inauguration statements about post-election conversations with Ambassador Kislyak, were clearly to an investigation of el ..read more

March 7, 2021 in Sens. Revive Push to Ban Sentencing for Acquitted Conduct This legislation would end the unjust practice of judges increasing sentences based on conduct for which a defendant has been acquitted by a jury." (see ).  Due process demands that this be passed. As noted in Senator Durbin's press release, Justice Scalia in a dissent to a petition for certiorari wrote, "not only did no jury convict these defendants of the offense the sentencing judge thought them guilty of, but a jury acquitted them of that offense." Justices Ginsburg and Thomas had joined in this dissent.  ..read more

April 3, 2021 in U.S. v. Yusuf and U.S. v. Campbell , the Third Circuit reversed downward variances based on defense breaches of the plea agreement. Both cases came out of the District of New Jersey and both involved plea agreements that recognized the sentencing court's ability to downwardly vary, but forbade the defense from arguing for a departure or variance below the recommended Guidelines range. The agreements also forbade the government from arguing for a departure or variance above the recommended range. Yusuf pled guilty to aggravate identity theft and conspiracy to commit bank fraud ..read more