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Criminal Law

: Sentencing Law and Policy

A telling consequence of severe white-collar sentencing guidelines and the trial penalty

By Douglas A. Berman

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This intriguing new article available from law.com, headlined "Federal Judge Refuses to Accept Guilty Plea in Health Care Fraud Case," spotlights one of the many pernicious effects of severe white-collar sentencing guidelines and the extreme trial penalty that white-collar offenders routinely face if they contest their guilt. As the article explains, a white-collar defendant was prepared to plead guilty to an offense he many not have committed, surely because federal prosecutors told him he could face decades in prison if he went to trial and lost. Here are highlights from the start of the article:After months of negotiations, Chi Yang agreed to plead guilty in connection with fraudulent sales made by his Dublin, Calif...continue to full post

Full post as published by Sentencing Law and Policy on July 21, 2008 (boomark / email).

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