In The Wall Street Journal, White & Case White Collar partner Joel Cohen commented on sentencing proposals for complex fraud cases, which can depend heavily on how much financial loss a defendant caused.
Cohen said wildly different sentencing proposals are the norm in cases in which there are many ways to slice and dice financial data, leaving judges to figure out what to do. "What they end up doing is reverse engineering what they think is the appropriate sentence, or what feels right," said Cohen.
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