“Thank you for calling the Department of Justice. Please listen carefully as your federal sentencing menu options have changed.”
Until December 2007, white-collar criminal defendants didn’t need to listen to the full menu of options when they dialed into the federal criminal justice system. That’s because the options really never changed. Trial was not a true option; the substantial risk of a much longer sentence of incarceration, if unsuccessful, far outweighed the near certainty of a negotiated guideline sentence pursuant to a plea of guilty. A defendant’s conceived best bet for procuring a palatable resolution was to hire former federal prosecutors, experienced at prosecuting white-collar cases, who might “cut a good deal” because of their former relationships or associations with prominent, well-connected law firms.
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