Tuesday, July 21, 2015

New Article - Sentencing the Wolf of Wall Street

I recently posted a new article to SSRN entitled "Sentencing the Wolf of Wall Street: From Leniency to Uncertainty."  The article, which is based on my presentation during a recent symposium, examines the Jordan Belfort ("Wolf of Wall Street") prosecution as a case study for considering how white collar sentencing has changed from the 1980s to today.  I also delivered a lecture regarding white collar sentencing based on this article at the recent 2015 U.S. Sixth Circuit Conference in Detroit, Michigan.

The abstract for the piece is below.
This Symposium Article, based on a presentation given by Professor Dervan at the 2014 Wayne Law Review Symposium entitled "Sentencing White Collar Defendants: How Much is Enough," examines the Jordan Belfort (“Wolf of Wall Street”) prosecution as a vehicle for analyzing sentencing in major white-collar criminal cases from the 1980s until today. In Part II, the Article examines the Belfort case and his relatively lenient prison sentence for engaging in a major fraud. This section goes on to examine additional cases from the 1980s, 1990s, and 2000s to consider the results of reforms aimed at “getting tough” on white-collar offenders. In concluding this initial examination, the Article discusses three observed trends. First, today, as might be expected, it appears there are much longer sentences for major white-collar offenders as compared to the 1980s and 1990s. Second, today, there also appears to be greater uncertainty and inconsistency regarding the sentences received by major white-collar offenders when compared with sentences from the 1980s and 1990s. Third, there appear to have been much smaller sentencing increases for less significant and more common white-collar offenders over this same period of time. In Part III, the Article examines some of the possible reasons for these observed trends, including amendments to the Federal Sentencing Guidelines, increased statutory maximums, and judicial discretion. In concluding, the Article offers some observations regarding what the perceived uncertainty and inconsistency in sentencing major white-collar offenders today might indicate about white-collar sentencing more broadly. In considering this issue, the Article also briefly examines recent amendments adopted by the U.S. Sentencing Commission and proposed reforms to white-collar sentencing offered by the American Bar Association.
The article will appear shortly in the Wayne Law Review. To download a free copy of the entire article, click here.

No comments: