June 21, 2018
Dear Friends and Colleagues,
The sentencing data published by the United States Sentencing Commission reveals a surprising trend: Over the past 15 years, the rate at which defendants have cooperated in federal cases around the country has steadily fallen, but the cooperation rate in the Southern District of New York has remained roughly the same. Why? In my latest blog post, “Getting to Zero: A Hidden Variable Behind Cooperation Rates?,” on The Insider: White Collar Defense and Securities Enforcement hosted by Forbes, I discuss possible explanations for why the S.D.N.Y. cooperation rate has remained steady over the years, even as the nationwide rate has gone down, and how the answer to this question has important implications for cooperator sentencings.
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