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Ninth Circuit upholds long white-collar sentences while covering of lots of notable issues

By Douglas A. Berman

Though white-collar offenders do not always prevail with their sentencing claims, the often do at least get courts to review and discuss their claims at some length.  This reality is on full display today in the Ninth Circuit's panel ruling in US v. Treadwell, No. 08-50562 (9th Cir. Jan. 27, 2010) (available here), in which the panel covers lots of old and new post-Bookersentencing issues in the course of affirming a set of (relatively) long white-collar sentences for defendants involved in "a massive four-year Ponzi scheme in which more than 1,700 investors across the United States lost over $40 million." I will need some time to consume the full Treadwellopinion to figure out if any significant new ground is broken in this opinion.  It is clear for a quick scan, however, that everyone doing sentencing work in the Ninth Circuit and everyone working on Ponzi cases will want to be sure to check out this new opinion.continue to full post

Full post as published by Sentencing Law and Policy on January 28, 2010 (boomark / email).