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Might modern white-collar sentencing realities impact debates over honest services fraud?

By Douglas A. Berman

How Appealing links here to lots of major media coverage previewing SCOTUS oral arguments in the three big "honest services" fraud cases to be considered by the Supreme Court this term.  Though sentencing issues do not seem to be formally in play in these cases, I have been thinking lately about whether modern federal sentencing realities for white-collar offenders might be impacting, at least indirectly, how various Justices and commentators think about these matters. In the old days ? I'm not sure whether to call them the good old days or the bad old days ? relatively few white-collar offenders could expect significant prison time following a fraud conviction.  (Consider that the most famous white-collar offenders from the end of the old era, Ivan Boesky and Mike Milken, both served less than two years in the federal pen...continue to full post

Full post as published by Sentencing Law and Policy on December 07, 2009 (boomark / email).