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Full-Text Articles in Law
Apples And Oranges: Securities Market Losses Should Be Treated Differently For Major White-Collar Criminal Sentencing Under The Federal Guidelines, John D. Esterhay
Apples And Oranges: Securities Market Losses Should Be Treated Differently For Major White-Collar Criminal Sentencing Under The Federal Guidelines, John D. Esterhay
Missouri Law Review
Part II analyzes the history of market loss, a calculation of loss that arose as a damage calculation in private plaintiff civil securities fraud actions. This Part describes the evolving theory of loss causation in order to understand the foundation for market loss at criminal sentencing. This Part also explains how market loss might have been used in sentencing before the Guidelines. After the codification of the Guidelines, victim loss became the official driving factor in fraud sentencing. Thus, Part III examines the loss table and how a large loss finding leads to a long prison term recommendation. Because the …
Murder, Meth, Mammon & Moral Values: The Political Landscape Of American Sentencing Reform (In Symposium On White Collar Crime), Frank O. Bowman Iii
Murder, Meth, Mammon & Moral Values: The Political Landscape Of American Sentencing Reform (In Symposium On White Collar Crime), Frank O. Bowman Iii
Faculty Publications
This Article examines the ongoing American experiment in mass incarceration and considers the prospects for meaningful sentencing reform.
Drifting Down The Dnieper With Prince Potemkin: Some Skeptical Reflections About The Place Of Compliance Programs In Federal Criminal Sentencing (Symposium), Frank O. Bowman Iii
Drifting Down The Dnieper With Prince Potemkin: Some Skeptical Reflections About The Place Of Compliance Programs In Federal Criminal Sentencing (Symposium), Frank O. Bowman Iii
Faculty Publications
This Article explains how the federal organizational sentencing guidelines work and how they have created incentives for businesses to set up compliance programs. It then considers the paucity of evidence that compliance programs actually prevent the occurrence of corporate crime. It also questions whether investments in compliance programs make sense even for companies caught in a federal criminal investigation. There is little evidence that compliance programs have any significant effect on the likelihood that federal prosecutors will file criminal charges in the first instance. Even more surprisingly, examination of U.S. Sentencing Commission statistics reveals that the compliance program movement seems …
Cool Hand Lawyers: White Collar Crime And Tactics Of The Prosecution And Defense, M. Shawn Askinosie
Cool Hand Lawyers: White Collar Crime And Tactics Of The Prosecution And Defense, M. Shawn Askinosie
Journal of Dispute Resolution
This Comment is designed to facilitate the understanding of the white collar criminal plea bargaining process "which is not as open to the public view" and illuminate the actors' "carefully planned clash of positions." There is more to this process than a plea of guilty to reduced charges. The order of ideas in this Comment should be considered as both chronological and at times interactive depending on the facts and law of each case.