White-Collar Plea Bargaining and Sentencing After Booker

Document Type



47 William and Mary Law Review 721 (2005)


This symposium essay speculates about how Booker's loosening of the Federal Sentencing Guidelines is likely to affect white-collar plea bargaining and sentencing. Prosecutors' punishment intuitions and the strong white-collar defense bar will keep white-collar sentencing from growing as harsh as drug sentencing, but the parallels are nonetheless ominous. The essay suggests that the Sentencing Commission revise its loss-computation rules, calibrate white-collar sentences to their core purpose of expressing condemnation, and adding shaming punishments and apologies to give moderate prison sentences more bite.

Date of Authorship for this Version

February 2005


Criminal sentences, Federal Sentencing Guidelines, white collar crime, plea bargaining, Apprendi, Blakely, Booker, Sarbanes-Oxley