White Collar Sentencing in Federal Court Crackdown noted by Tampa Federal Criminal Defense Attorney, W.F. ”Casey” Ebsary, Jr. – The Eleventh Circuit Court declared a sentence illegal when a white collar defendant was not sent to prison. The trial court has repeatedly placed the defendant on the federal equivalent of probation. The United States Attorney has repeatedly appealed the below guidelines sentence, and the appeals court has repeatedly reversed.
The court concluded “it is difficult to imagine a would-be white-collar criminal being deterred from stealing millions of dollars from his company by the threat of a purely probationary sentence, regardless of how much probation that person received.”
The complete decision is available here:
Opinion of the Appeals Court
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Note: This office did not represent any parties in this case.
White Collar Sentencing in Federal Court
Florida Federal Criminal Defense Attorney, W.F. ”Casey” Ebsary, Jr. just returned from a great seminar on fighting the admissibility of Junk Science in federal criminal cases.
To attack Junk Scientific Evidence, one must look beyond the practitioners of the field itself. State of Maryland v. Bryan Rose, K06-0545 (Cir. Balt. Co. 2008) (“general acceptance of latent print identification by its practitioners does not constitute general acceptance by the ‘scientific community’ . . .”); United States v. Saelee, 162 F.Supp.2d 1097 (“Finally, the evidence does indicate that there is general acceptance of the theories and techniques involved in the field of handwriting analysis among the closed universe of forensic document examiners. This proves nothing.”). In most cases, the Government has not and will not be able to produce anyone beyond law enforcement technicians.
Thanks to Attorney Frank Godbold.