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Articles by Kiersten Whitfield
The White Collar Appeal: Cooperation is the Only Thing that Matters in Setting a Sentence Beneath the Mandatory Minimum | JD Supra
A cooperating defendant can obtain a sentence below the mandatory minimum only when the value of his cooperation—as distinct from other sentencing factors—justifies it, according to the Eleventh Circuit’s decision in United States v. Perez. A government motion under Section 3553(e) does not give the district court unfettered discretion to impose sentence based on the traditional factors under Section 3553(a).
The White Collar Appeal: First Circuit Examines Waiver of Corporate Attorney-Client Privilege in Prosecution of Executives | JD Supra
A corporate executive seeking to introduce evidence of the involvement of the company’s attorneys does not necessarily effect waiver, the First Circuit recently held in United States v. SpineFrontier, Inc. The decision followed a three-factor framework for determining whether an executive’s disclosure works a waiver of company privilege, while cautioning that courts should be reluctant to find a waiver unless it is clear that principles of logic and fairness require such a finding.
The White Collar Appeal: Second Circuit Eliminates Barriers to Prosecuting Overseas Conduct Under the Commodities Exchange Act | JD Supra
In a case of first impression in the Courts of Appeals, the Second Circuit recently examined when the government may prosecute extraterritorial conduct under the Commodities Exchange Act.
The White Collar Appeal: Fourth Circuit Chips Away at Ciminelli, Closes Its Eyes to Cleveland | JD Supra
In the latest case seeking to identify the bounds of federal mail and wire fraud, the Fourth Circuit narrowly construed Ciminelli while glossing over longstanding Supreme Court precedent from Cleveland. In United States v.
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