The American Bar Association Criminal Justice Section has issued, “A Report on Behalf of The American Bar Association Criminal Justice Section Task Force on The Reform of Federal Sentencing for Economic Crimes.”
The report, in its final draft, is a new model to improve existing federal sentencing guidelines and assist federal district judges in imposing sentencing decisions involving a variety of economic crimes.
The final report was developed by a blue ribbon task force of law professors, federal district judges, a federal court of appeals judge, practicing attorneys, and observers from the Department of Justice and the Federal Public Defenders.
The recommendations address the growing concern that reliance by judges on the current federal sentencing guidelines for economic crimes resulted in sentences that were too harsh, especially in cases with high losses.
“Various judges have described the current guideline as being patently absurd on their face, a black stain on common sense, and of no help,” said James E. Felman, reporter for the ABA Criminal Justice Section Task Force on the
Reform of Federal Sentencing for Economic Crimes. “The guidelines routinely call for life without parole for first time non-violent offenders. In response, the task force drafted a better guideline and presented it to the U.S. Sentencing
Commission.” The report cites specific case scenarios to help clarify the ways the task force proposal would improve the current guidelines.
“We hope the commission will study our guideline carefully and we are gratified that in the interim some judges have found our guideline helpful,” Felman said.
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