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July 17, 2007

Acquitted conduct getting Black attention

This article in Canada's National Post provides an effective review of the reality that Conrad Black's acquittal on most charges may not prevent sentence enhancement when the CEO is sentenced for fraud and obstruction (basics here).  Here are the basics:

Conrad Black may get a significantly increased sentence because of his actions stemming from charges he was actually acquitted of, experts said yesterday.  The legal concept known as "acquitted conduct sentencing enhancement" has been used by prosecutors across the United States since it was approved by the Supreme Court in 1997.

Of course, sentencing gurus know that acquitted conduct enhancements have been around long before they were blessed by the Supreme Court in Watts in 1997.

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July 17, 2007 at 07:18 AM | Permalink

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