Based in Closter, NJ, Amy Goldenberg completed a law degree in 2017 at Touro Law School. Closter, NJ, resident Amy Goldenberg also gained recognition for her work in the Federal White Collar Crimes arena.
A 2018 New York Times article drew attention to the challenges inherent in sentencing white-collar criminals. The practice, which has been addressed by the courts in recent years, involved sentences that often do not reflect the full impact of the misconduct involved.
One example was a 10th Circuit United States Court of Appeals decision United States v. Sample, which overturned a probation ruling given to a defendant who pled guilty to mail and wire fraud that resulted in investors losing more than $1 million. With the recommended sentence for the crimes set at more than five years, the sentencing judge felt that continuing in his job, with its six-figure salary, would better allow Sample to pay the victims back.
The appellate court ruled that it was improper to employ the defendant’s level of wealth as a sole basis for reducing a sentence. While restitution can be permissible as a consideration in deciding a punishment, in this case, the appeals judge chose to emphasize that economic considerations do not outweigh proper retribution for misconduct.
A 2018 New York Times article drew attention to the challenges inherent in sentencing white-collar criminals. The practice, which has been addressed by the courts in recent years, involved sentences that often do not reflect the full impact of the misconduct involved.
One example was a 10th Circuit United States Court of Appeals decision United States v. Sample, which overturned a probation ruling given to a defendant who pled guilty to mail and wire fraud that resulted in investors losing more than $1 million. With the recommended sentence for the crimes set at more than five years, the sentencing judge felt that continuing in his job, with its six-figure salary, would better allow Sample to pay the victims back.
The appellate court ruled that it was improper to employ the defendant’s level of wealth as a sole basis for reducing a sentence. While restitution can be permissible as a consideration in deciding a punishment, in this case, the appeals judge chose to emphasize that economic considerations do not outweigh proper retribution for misconduct.
