Comments on: Are Sentencing Guidelines for White Collar Criminals Too Severe?

By: Jim

Jim — Tue, 21 Oct 2008 16:25:30 +0000

Dennis will be paroled if not pardoned. As for the statement another “poster” wrote, Dennis was Not convicted nor charged in a federal court. The US government and the SEC investigated, and didn’t want to make a case against him from lack of evidence. It was a State trial and state charges, and he is in a State Prison in Marcy NY. Please know what you are talking about before you write about something you know nothing about.

By: Nigel

Nigel — Tue, 18 Mar 2008 16:38:43 +0000

Certainly the repercussions of these ‘elder statesmans’ misdeeds can adversely affect the finances of many thousands of individuals, but as far as they being such as a menace to society, and/or a violent threat to earn decades of incarceration, only is telltale of a becoming very draconian society like the the USA. A couple years of jail, then supervised community release to have them work on the cheap is far better way to have them give something back to society. If decades of imprisonment is justifiable for these kind of 50 year olds, then rapists should receive the death penalty, no questions asked! The USA is sure heading toward a middle east slant, ‘lock ‘em all up and throw away the key,’ and next, cut their hands off! United we stand…………

By: Pascal Levensohn

Pascal Levensohn — Tue, 08 Jan 2008 18:15:09 +0000

First, to Michael S, I am not advocating chilling entrepreneurs from running large corporations. My point is that a slap on the wrist is hardly a deterrent to white collar criminals. The ‘market’ has spoken in reaffirming this view, though it is fair to roundly criticize current sentencing guidelines. The same can be said about the shortcomings of Sarbanes Oxley. The bottom line is that when self regulation fails, the government and the courts invariably intervene and invariably overreact.
To Mike W, thanks for the clarification.
Pascal

By: Mike W

Mike W — Tue, 08 Jan 2008 15:58:27 +0000

Kozlowski will not be, “making parole”. He was convicted of a federal crime and is in federal prison under the direction of the Bureau of Prisons. There is no parole in the federal system. He must serve a minimum of 85% of his sentence. The potential 15% reduction comes from achieving, “good time” by doing what he is told and not getting any demerits. He may get up to another year off if he qualifies for and successfully completes a drug and alcohol program administered at some, but not all, federal institutions.

By: Michael S

Michael S — Tue, 08 Jan 2008 03:02:50 +0000

Well Dennis Kozlowski’s analogy falls flat – you can rob a bank by moving its funds into your account even if you don’t succeed in physically removing the funds from the bank – but I wonder how a settlement by the company can impact compensation legally due Kozlowski? The problem with your analysis is that pegging punishment to the size of the corporation eventually deters talented men from working for large corporations. When the federal sentencing guidelines provided virtual life sentences if the losses exceeded $500,000 a crime that moved Microsoft’s stock down by 1/4 of a point would earn the maximum sentence. Aside from the idiocy used to calculate such losses (who really knows why a stock goes up or down)such an approach will certainly stifle entrepreneurship and originality as well as fraud.