» Sentencing and Appeals

Accepting a Plea Bargain in Federal Court

A plea bargain is an agreement between the prosecution and the defendant where the defendant agrees to plead guilty or no contest to criminal charges, often in exchange for a less severe charge or a more lenient penalty than the judge might otherwise… Read More
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Judge Ruling Out a Decision in Court - retroactive sentence reductions concept

U.S. Sentencing Commission Votes to Allow Retroactive Sentence Reductions

On August 24, 2023, the United States Sentencing Commission voted to allow delayed retroactive application of Amendment 821, which authorized a two-point reduction under the Federal Sentencing Guidelines for people with no significant criminal histor… Read More
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Potential Penalties in a Federal Criminal Case

Being charged with a federal crime means you have allegedly violated a law enacted by the United States Congress, as opposed to a law enacted by a state. Federal crimes typically involve federally regulated activities, such as crimes involving the ma… Read More
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Philadelphia’s skyline in autumn - philly bridge project fraud concept

Third Circuit Limits Amount of Loss in Wire Fraud Case Involving Disadvantaged Business Enterprises

In United States v. Kousisis, the Third Circuit Court of Appeals issued another important and precedent-setting ruling and further clarified its decision in United States v, Banks, holding that even where government contracts are procured by misrepre… Read More
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Impact of United States v. Banks: Using “Actual” Loss Instead of “Intended” Loss

The United States Sentencing Guidelines provide courts with a framework for sentencing criminal defendants. In cases involving allegations of financial conduct and economic losses, the Guidelines place a heavy emphasis on the amount of loss as a prim… Read More
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Sentencing Guidelines: Actual Loss vs. Intended Loss

The Federal Sentencing Guidelines were enacted in 1987 to create uniformity in sentencing, including for sentences white-collar crimes. There has always been a perception that white collar crimes were treated more leniently than other crimes. The U.S… Read More
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Female attorney helping client

Choosing the Best Criminal Defense Lawyer

It is important to know whether the person you choose will actually be handling your case at all stages of the proceedings. If a criminal case is in federal court, it is essential to have a lawyer who practices there regularly. Read More
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disbarred lawyer

Second Circuit Judge Questions Fairness of Multi-Count Indictment Against Disbarred Attorney

In March 2021, the Second Court of Appeals upheld the conviction of a Queens, New York immigration disbarred lawyer who was charged with falsifying asylum applications. However, an appellate judge’s concurring opinion questioned whether prosecutors… Read More
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Second Circuit Upholds Convictions in Recruiting Fraud Case

In the January 2021 decision of United States v. Gatto, the Second Circuit Court of Appeals upheld the convictions of three men who were found guilty of fraud for funneling secret payments from Adidas to the families of top college basketball recruit… Read More
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Entrepreneurs are receiving money that is a bribe of their partners with both of whom are corrupt in the company room.

Second Circuit Upholds RICO and Truth in Lending Act Conviction

The Second Circuit Court of Appeals upheld the conviction of Defendant Richard Moseley, Sr., who faced criminal charges in the Southern District of New York for an illegal payday lending scheme. In 2018, a New York jury found that Moseley violated th… Read More
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