Sentencing Case Materials

Welcome to the White Collar Department's sentencing resources. This page is intended to assist criminal defense lawyers with arguing for variances and departures from the fraud Sentencing Guidelines. Here you will find a broad range of invaluable materials specific to white collar sentencing issues and concerns, including detailed sentencing memoranda tailored to specific white collar crimes; briefing materials relating to key Supreme Court decisions that established (i) a criminal defendant's Sixth Amendment right to effective assistance of counsel during plea negotiations and (ii) the role and limitations of jury and judge in setting corporate fines; helpful white collar sentencing transcripts; useful federal court opinions; and even an economic loss table examining the variance in high dollar fraud sentencing over a ten year period. 

United States v. Jesse C. Litvak, Reply Sentencing Memo of Defendant at 7-8 (D. Conn. July 8, 2014) (arguing that the ABA proposal is instructive on how loss arbitrarily inflates a defendant's culpability and sentence).

United States v. Jesse C. Litvak, Sentencing Memo of Defendant at 53-56 (D. Conn. June 27, 2014) (asking the Court to be guided by the ABA proposal, which would result in no imprisonment to 6 months under the defense theory or 24-30 months under the government theory, as opposed to the PSR recommendation of 108-135 months).

United States v. Robert Rivernider, et al, Sentencing Transcript at 208-212 (D. Conn. Dec. 18, 2013) (sentencing in which the government was asking for 324-405 months, the PSR recommended 262-327 months, but the Court sentenced the defendant at 144 months under the guidance of the ABA proposal).

Missouri v. Frye and Lafler v. Cooper, U.S. Supreme Court decisions holding that criminal defendants have a Sixth Amendment right to effective assistance of counsel during plea negotiations, including when they miss out on, or reject, plea bargains because of bad legal advice.  Related resources:

Southern Union Company v. U.S., pending U.S. Supreme Court case examining the roles of jury and judge in setting corporate fines.  Related resources:

U.S. v. Au Optronics Corportation, et al. (AUO), N.D. Cal., Order concluding that the Apprendi applies to the Alternate Fines Act and corporate fines require jury determination (July 2011)

U.S. v. James B. Client, Sentencing Memorandum on Behalf of James B. Client (sample sentencing memo) 

U.S. v. Engle, Fourth Circuit Opinion rejected four year probation sentence as substantively unreasonable in tax evasion case (January 2010)     

U.S. v. Fuchs, Seventh Circuit Opinion rejecting application of the abuse of trust enhancement under U.S.S.G. 3B1.3 (March 2011)

U.S. v. Parris, E.D.N.Y., Sentencing Memorandum of Judge Block supporting a significant downward departure in a securities fraud case and criticizing the guidelines (June 2008)

U.S. v. Nacchio, Tenth Circuit Opinion reversing and remanding the District Court’s loss calculation in an insider trading case (July 2009)   

U.S. v. Stephanian and U.S. v. Ter-Esayan, First Circuit opinions in credit and debit card fraud cases that acknowledge the circuit split on whether card holders, who were temporarily deprived of funds, suffered “actual pecuniary harm” for the purpose of calculating a sentencing enhancement, and uphold the enhancement application (June 2009)   

U.S. v. Tomko, Third Circuit En Banc Opinion upholding a sentence of probation, which was a downward variance based upon Gall, in a tax evasion case (April 2009) and NACDL Amicus Brief in Support of Appellee Tomko 

U.S. v. Thurston, First Circuit affirms a 3-month sentence, which was a downward variance based upon Gall, in a medicare fraud case (October 2008)

U.S. v. Adelson, S.D.N.Y., Sentencing Memorandum of Judge Rakoff supporting the non-guideline sentence in a securities fraud case and criticizing the guidelines (July 2006)


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