Posts by Brandon Sample

What Are The 5 Sentencing Objectives That Justify Criminal Punishment?

Sentencing Objectives

We get hit, and we hit back. It is a primal instinctual reaction. It is a fundamental part of being human. Yet, what does that reaction signify? Most likely, we don’t think deeply about it. Indeed, in the moment, the reaction is sudden, immediate, and done without contemplation.   Sentencing Objectives Built Into Our Instinct…

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Sentence Reduction: Adopting the Letter, Not the Spirit of the Law

Sentence Reduction

If a criminal defendant is at the point of already being convicted and sentenced to prison time for a federal offense, then a sentence reduction is a positive development. But what happens if the district court disagrees with an appellate court order for a sentence reduction based on the unreasonableness of the original sentence? The…

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Supreme Court Narrows Federal Criminal Restitution

Criminal Restitution

According to the Mandatory Victims Restitution Act (MVRA), defendants convicted of crimes in federal court are required to pay their victims criminal restitution for the losses that they suffered. The case of Lagos v. United States involved an issue of interpretation over the act’s language regarding what types of losses would be eligible for restitution.…

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Second Circuit Affirms $10 Million Fine for Tax Evasion

Fine For Tax Evasion

Tax evasion is a serious crime that can result in prison time and hefty fines. Defendants convicted of tax-related crimes typically receive a downward variance from the applicable sentencing range according to the Sentencing Guidelines. However, the opposite proved true for a wealthy defendant involved in a high-profile tax case in New York. The Second…

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Wire Fraud and Stealing Confidential Business Information

Confidential Business Information, mail and wire fraud statutes

Employees of corporations have varying levels of access to the corporation’s information that the business may consider confidential. One significant source of criminal prosecutions is the use of confidential information by employees for their own personal gain and to the detriment of the company. When does benefiting from confidential business information cross the legal line?…

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Challenging Federal Criminal Restitution Orders for Tax-Related Crimes

Federal Criminal Restitution, amount of a restitution order

Convictions for crimes involving fraud, embezzlement or theft typically result in the defendants having to pay some amount of money in federal criminal restitution upon sentencing. The Seventh Circuit Court of Appeals recently affirmed the imposition of a federal criminal restitution order in United States v. Johnson over the objections of a defendant who argued…

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Reexamining Federal Supervised Release Conditions

Federal Supervised Release

What happens when a federal district court imposes a seemingly draconian or arbitrary condition on a defendant’s federal supervised release? Is this condition allowed to stand? The Second Circuit Court of Appeals recently addressed this issue in United States v. Mears and provided a necessary refresher on the requirement that any federal supervised release conditions…

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