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102 Iowa L. Rev. 939 (2016-2017)
Judging Federal White-Collar Fraud Sentencing: An Empirical Study Revealing the Need for Further Reform

handle is hein.journals/ilr102 and id is 965 raw text is: Judging Federal White-Collar Fraud Sentencing: An Empirical Study Revealing the Need for Further Reform Mark W Bennett, Justin D. Levinson, & Koichi Hioki* ABSTRACT: White-collar federal fraud sentencing has long been fraught with controversy and criticism. As a result, the U.S. Sentencing Commission's intensive multi-year examination of sentencing for fraud crimes generated tremendous interest among the Department of Justice, criminal defense organizations, the academy, and a wide range of advocacy groups. In November 2o15, the Commission's publicly announced proposed amendments became law without Congressional change. These amendments, while commendable in process and purpose, fall short of sorely needed reforms that would serve to realign white-collar fraud punishments with legitimate, empirically based penal justifications. This Article portrays the historical tension between the Federal Sentencing Commission and federal judges, presents the results of an original empirical study that demonstrates clearly the continuing need for significant reforms, and includes specific recommendations to reform the current sentencing scheme for these crimes. I. INTRODUCTION ............................................ 941 II. A BRIEF HISTORY OF FEDERAL SENTENCING, JUDICIAL DISCRETION,AND WHITE-COLLAR FRAUD CRIME.......... ......945 A. SENTENCING BEFORE THE SENTENCING REFORM ACT OF 1984 AND THE SENTENCING GUIDELVES......................946 B. THE SENTENCING REFORM ACT OF 1984 AND THE SENTENCING GUmEIEs .......................................949 1. Introduction ..............................949 Mark W. Bennett is in his 23rd year as a U.S. District CourtJudge in the Northern District of lowa.Justin D. Levinson is a Professor of Law and Director, Culture and Jury Project at the University of Hawaii William S. Richardson School of Law. Koichi Hioki is an Assistant Professor at Kobe University Graduate School of Business Administration. The authors would like to thank Krysti Uranaka for outstanding research assistance. 939

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