About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2003 Guide Lines: News from the U.S. Sentencing Commission 1 (2003)

handle is hein.usfed/gdlusc2003 and id is 1 raw text is: deLi nes News from the U.S. Sentencing Commission Nomi nations Pendi ng Before Senate President George W. Bush has nominated United States District Court Judge Ricardo H. Hinojosa and former Deputy Assistant Attorney General Michael E. Horowitz to six-year terms as members of the U.S. Sentencing Commission. Mr. Horowitz, currently a partner with the law firm of Cadwalader, Wickersham & Taft, was also chief of staff for the Criminal Division of the U.S. Department of Justice and served in various posts at the U.S. Attorney's Office in New York. He has been named to fill the position vacated by United States District Court Judge Sterling Johnson, Jr., whose term expired on Novem- ber 22, 2002. Judge Hinojosa, who has served on the U.S. District Court for the Southern District of Texas since 1983, is also currently an adjunct professor at the University of Texas at Austin Law School. He graduated with honors from the University of Texas at Austin and earned his law degree from Harvard Law School. He has been named to fill the position vacated by Joe Kendall, former United States district court judge from the Northern District of Texas, whose term also expired on November 22, 2002. By statute, the Sentencing Commission is composed of seven voting members and two nonvoting ex-officio members. No more than four commissioners may be members of the same political party, and at least three shall be federal judges selected after considering a list provided to the President by the Judicial Conference of the United States. U March 2003 Sent enci ng Com m i ssi on St i ffens Penalties for White Collar Crime Agency Also Addresses Campaign Finance Reform Acting under emergency authority granted by Congress in the Sarbanes-Oxley Act of 2002, the Commission on January 8, 2003, voted unanimously to stiffen penalties significantly for corporate fraud and other serious white collar fraud offenses. The Sentencing Commission worked diligently to respond to Congress in an abbreviated time frame, and the emergency amendments to the sentencing guidelines became effective January 25, 2003. The emergency amendments provide significant sentencing enhancements for white collar offenses that affect a large number of victims or endanger the solvency or financial security of publicly traded corporations, other large employers, or 100 individual victims. Officers and directors of publicly traded corporations Aho commit securities violations are targeted for particularly substantial increases in penalties. For example, an officer of a publicly traded corporation who defrauds more than 250 employees or investors of more than $1 million will receive a sentence of more than 10 years in prison (121-151 months) under the emergency amendment, almost double the term of imprisonment previously provided by the guidelines. These are just emergency amendments to be in effect until Novem- ber 1, said Judge Murphy. Congress gave the Commission a brief period to create them, but we also have an ongoing separate process to create permanent PenaltiesContinued on page 3 @ Twin Lens Photo Judge Sterling Johnson, Jr. (left) and Joe Kendall (right) receive thanks for their service to the Commission from Judge Diana E. Murphy, Commission chair (center). Gu

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most