by Marc Neff
Third Circuit Follows Olhovsky Decision with another Pro-Defense Opinion in Tomko – Ruling a Lenient Sentence Is Not Unreasonable
One day following the Third Circuit’s precedential opinion in U.S. v. Olhovsky, the Court issued an en banc decision in the case of U.S. v. Tomko, again holding that a lenient, below-guidelines sentence is not unreasonable if supported by mitigating circumstances. In Tomko, the Defendant pled guilty to Federal tax evasion charges; stipulating to a tax loss of $228,557 for work performed on...
by Marc Neff
White-Collar Fraud Expected to Increase as Recessionary Economy Continues
An economic recession necessitates many changes in the home, in the marketplace, and in Government. For corporate executives, however, the profitability targets of their respective corporations do not change. According to a recent article in Business Week, recessionary times create incentives for corporate execs to cheat, or commit fraud in order to create the perception that they are...
by Marc Neff
Corruption Trial for Pennsylvania State Senator Begins This Week
Pennsylvania State Senator Vincent Fumo, a member of the Pennsylvania Senate since 1978, will stand trial starting this week on corruption charges. Fumo was indicted nearly a year and a half ago on 139-counts of corruption and related offenses, including but not limited to conspiring to defraud the Senate, conspiring to defraud a South Philadelphia non-profit organization, conspiring to...
by Marc Neff
Prosecutors Given New Guidelines for Investigating White Collar Crime
On the same day that the United States Court of Appeals upheld the dismissal charges against 13 former KPMG executives due to a finding that their constitutional rights had been violated, the United States Justice Department announced new guidelines for the prosecution of white collar crime. In the KPMG case, federal prosecutors would not allow KPMG to pay the legal fees of its executives....
by Marc Neff
Philadelphia and New York City Defrauded of Thousands of Dollars
Richard Gottfried, an ex-convict, concealed his criminal past in order to obtain employment as a court-appointed sentencing consultant in both Philadelphia and New York City. He advertised himself as a mitigation specialist, offering his services to criminal defense lawyers, promising to help gather information that would benefit defendants at sentencing hearings. In doing so, he was able to...
by Marc Neff
Mortgage Fraud Increase Leads to FBI Crackdown
The late 1990’s saw the beginning of a housing boom, brought on by Federal programs which made buying a home easier through government-sponsored loan programs; such as Fannie Mae and Freddie Mac. This led to a sharp appreciation in housing values throughout the country; however it also led to a growing rate of mortgage fraud. Mortgage fraud continues to top the list of white-collar crimes...
by Marc Neff