For the Defense - Volume 2, Issue 2 - 2017 - 16

two in Pennsylvania within the past three years.39
Though it is unclear what role, if any, the Shadow
Guidelines had in the courts' determinations of the
sentences in those cases, the fact that they were
cited at all, and that the sentences were much
lower than those suggested by the Sentencing
Guidelines, is encouraging. Perhaps future sentencing courts might be amenable to applying the
brakes to the "seemingly mindless acceleration of
penalties for economic crimes."40

Notes
1.
2.

U.S. v. Faibish, No. 12-cr-00265, 2015 WL 4637013, *2
(E.D.N.Y., Aug. 3, 2015).
See Report on Behalf of the American Bar Association
Criminal Justice Section Task Force on the Reform of
Federal Sentencing for Economic Crimes (hereinafter
the "Shadow Guidelines"), available at http://www.
americanbar.org/content/dam/aba/uncategorized/
criminal_justice/economic_crimes.authcheckdam.
pdf?_sm_au_=iHVgqZwWJ0rVDP3g.

3.
4.

5.
6.
7.
8.
9.

See Shadow Guidelines, Economic Offences, § (b)(2).
Federal Sentencing: The Basics, U.S. Sentencing
Commission, § IV, A, available at http://www.ussc.
gov/sites/default/files/pdf/research-and-publications/
research-projects-and-surveys/miscellaneous/201510_
fed-sentencing-basics.pdf.
See id.
See id. at Sentencing Table.
See id. at § IV, A.
See id.
See 18 U.S.C., § 3553 (a). Indeed, 18 U.S.C. § 3553 (a)(1)
provides that, in addition to the Sentencing Guidelines,
a sentencing court must also consider the following:
(a) the nature and circumstances of the offense and
the history and characteristics of the defendant; (b)
the need for the sentence imposed; (c) the kinds of
sentences available; (d) the need to avoid unwarranted
sentence disparities among defendants with similar
records who have been found guilty of similar conduct;
and (e) the need to provide restitution to any victims of
the offense.
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About the Authors

Michael J. Engle, Partner, Stradley Ronon Stevens & Young, LLP serves as the chair of Stradley Ronon's
White-Collar Defense, Internal Investigations & Corporate Compliance group where he represents clients
in the Pennsylvania state courts, as well as various federal courts across the country. Mr. Engle frequently
represents individuals and organizations in connection with grand jury subpoenas and regulatory matters.
His clients include individuals, professionals, public officials, corporations, closely held companies and
other organizations.
Benjamin E. Gordon, Associate, Stradley Ronon Stevens & Young, LLP focuses his practice on the litigation of complex civil matters while he also serves as a member of Stradley Ronon's White-Collar Defense,
Internal Investigations & Corporate Compliance practice group.
Adam Sasso, Associate, Stradley Ronon Stevens & Young, LLP is a member of Stradley Ronon's WhiteCollar Defense, Internal Investigations & Corporate Compliance practice group.

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