Prisons all over America are overcrowded, and the United States Justice Department has been reviewing sentencing guidelines in an effort to cut costs and lower prison populations. It has been over a decade since penalties for economic, or “white collar” crimes like embezzlement and insider trading were increased, and many judges feel that the current penalty scheme does not make sense. Some feel so strongly about it that they have even deviated from the sentencing suggestions that are set forth in the guidelines, which are advisory, not mandatory.
Under the current sentencing guidelines, sentences for economic crimes are based in large part upon the amount of money that was taken as a result of the the crime, much like drug crime penalties are based upon the amount of controlled substances involved. Incidentally, the sentencing guidelines for drug crimes were updated recently, and the new drug crime penalty guidelines place much less weight on the amount of drugs involved in a crime by putting more focus on the other aspects of the crime. Many lawyers and judges feel that it is time to adjust the penalties for economic crimes in a similar manner, by placing less emphasis on the dollar amount involved and greater emphasis on the defendant’s role in the crime.
Although the sentencing guidelines are advisory and not mandatory, judges do like to rely on them for the sake of consistency. Judges who have departed from the existing guidelines in cases where the suggested punishment seemed entirely too harsh for the situation at hand support a reassessment of the penalty scheme so that more sensible penalties would be the rule, rather than the exception. For example, defendants who play very minor roles in fraudulent schemes are eligible for lengthy sentences under the current penalty guidelines. In cases involving defendants who contributed very little to the economic crimes in which they were implicated, some judges have given much shorter sentences than those that are suggested by the guidelines. Those who would like to see the sentencing guidelines changed argue that things like the sophistication of the crime, the defendant’s motive, and the outcome (whether the defendant received an actual financial benefit) should matter more than how much money was taken.
Defendants who have been charged with economic crimes should know that the sentencing guidelines have not been changed yet. The current penalties for economic crimes are harsh, and could have far-reaching impacts on all areas of your life. If you have been charged with an economic crime, it is essential that you contact a Kansas Criminal Defense Attorney right away, so that your rights can be protected. A Kansas Criminal Defense Attorney will help you to pursue the best possible outcome in your case, whatever that may be. Your Kansas Criminal Defense Attorney will also give your case the personal attention that you deserve. To learn more about how a Kansas Criminal Defense attorney can help you with your Kansas criminal matter, please call our Wichita office today at (316) 264-1548.