The U.S. Sentencing Commission recently announced that it was considering various amendments to the Sentencing Guidelines. These proposed amendmentsthe result of a multi-year review of fraud offensescalled for a number of possible changes to the guidelines for these offenses. While some proposals signaled a continuation of the now-longstanding trend toward harsher punishment for certain white collar offenders, others would have actually reversed that trend and would have resulted in more lenient treatment under the fraud guideline of less culpable defendants convicted of large-dollar frauds.1
But last Friday, the commission announced the amendments it actually adoptedwhich, absent affirmative rejection by Congress, will become effective on Nov. 1, 2012. As we will see, the adopted amendments reflect a narrower, more cautious approach to sentencing guideline reformwith the changes largely in the direction of increased severity.2
Harsher Punishments
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