The U.S. Sentencing Commission thinks it got it just about right. The U.S. Department of Justice, conversely, thinks that the commission got things flatly wrong, going too far in its suggested sentencing adjustments in white collar criminal cases. And many defense...
Month: March 2015
Yes, tax matters can get murky: tax avoidance versus evasion
We will simply posit that most -- if not all -- of our readers in Florida and elsewhere are reasonable and reflective people.We pose the following two questions to all of you.Do you think it's possible for a well-intentioned person striving for accuracy to commit a...
Health care fraud: a huge focus area for government regulators
Given the sheer size and scope of government health care programs such as Medicare and Medicaid, coupled with the progressively growing number of people relying upon their services, it is hardly unsurprising that health care fraud is an acute focus of federal and...
Mandatory-minimum sentencing: under an increasing cloud
A case that some critics of mandatory-minimum criminal sentences might think reigns supreme as support for why such sentencing impositions are both unfair and illogical comes from Florida. We touch on that matter because of its central relevance to many defendants...
A laser-type focus of the IRS: identity theft
If you work in a Florida company in any position of responsibility, you know how complex the interworkings of company policy and operating procedures can be. Many corporate environments -- indeed, most business settings -- are marked by the close interplay of...
Drug sentencing reform gaining traction, Part 2
To borrow from a well-known phrase, "the winds of change" are blowing in Washington, D.C., and in a manner entirely unrelated to winter's passing.Rather, what is blowing is a figurative tailwind of significant proportions that is -- and this probably seems flatly...
Topic focus: growing debate over nation’s drug sentencing policies
Myriad studies and statistics that have been released in recent years reveal quite starkly that the United States is a nation that has a prison-first mentality and concomitant criminal law policy based heavily on long-term punitive sanctions.The so-called War on Drugs...
Topical look at asset forfeiture, part 2: some facts, considerations
We recently referenced a long-time federal government program that allowed for the summary seizure of individuals' personal property in the absence of any guilt showing.In other words, assets could be taken without an indictment ever being issued or criminal charges...
Equitable Sharing not so equitable: feds’ program now terminated
You might have never heard of the now defunct federal Equitable Sharing program, but that's OK: It likely wouldn't have benefited you in the event you became personally involved with it.In fact, and if you had, your "participation" in the program would have been...
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