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What Goes Up, Doesn’t Come Down: The Absence of the Mitigating-Role Adjustment in Antitrust Sentencing

By  |  September 10, 2012

 

What Goes Up, Doesn’t Come Down: The Absence of the Mitigating-Role Adjustment in Antitrust Sentencing by Mark Rosman and Jeff VanHooreweghe (Wilson Sonsini)

ABSTRACT: The Sentencing Guidelines permit an upward or downward adjustment to a sentencing calculation based on the extent of the defendant’s participation in the criminal act. Mark Rosman and Jeff VanHooreweghe argue that the Antitrust Division’s non-use of the mitigating-role adjustment is bad policy with unfair results for defendants.