October 1, 2013
Sentences in white collar cases called for by the Sentencing Guidelines often are unduly severe. Courts and policy makers finally appear to be taking notice and a change may be afoot. This article, “Calls for Sanity in White-Collar Sentencing,” examines a powerful recent opinion from a judge on a Second Circuit panel that takes issue with courts' mechanical application of the Guidelines concept of “intended loss,” which greatly increases white collar sentences. The article also discusses the long over-due attention the Sentencing Commission is paying to the problem.