January 25, 2019 | New York Law Journal
Substantial Differences in Substantial Assistance Within the Second CircuitDistrict judges can vary from the U.S. Sentencing Guidelines for almost any reason, but the most common path to a sentence significantly below the Guidelines range is a downward departure under Guideline §5K1.1, which is the primary vehicle by which a criminal defendant's cooperation with federal authorities—his “substantial assistance”—is incentivized and rewarded. The basic procedure is the same in every district. Yet cooperation yields different results depending on the district.
By Timothy W. Hoover
8 minute read
April 25, 2016 | New York Law Journal
Preparing a Target to Testify Without ImmunityTimothy W. Hoover of Hodgson Russ writes: They may be rare, but certain cases are tailor-made for a target testifying in the grand jury without immunity. In borderline proof cases, where the client has a clear, compelling story to tell, and where the consequences of an indictment would be devastating, the reward may outweigh the risk. Careful preparation and strategic representation will enhance the possibility that prosecution is declined or that a no bill results.
By Timothy W. Hoover
26 minute read
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