July 5, 2022
Even though the U.S. Sentencing Guidelines are advisory, they continue to play a significant role in the outcome of any federal criminal case. But if the Guidelines, and specifically the enhancements to white-collar offenses, have not kept up with advancements in technology and business practices -- is it fair to continue penalizing defendants with heightened sentences? In their article for the New York Law Journal, "It’s Time to Change Antiquated Sentencing Guidelines," Schlam Stone and Dolan LLP attorneys Jim Roberts and Angela Li write that prosecutors and courts should not rubber stamp enhancements when they no longer serve their intended purpose, even if they may apply as a technical matter.
Coverage of the case can be found here: