Mark Harris, a partner in Proskauer’s White Collar Defense and Investigations Group, recently spoke to Joe Mont at Compliance Week to discuss the U.S. Sentencing Commission’s proposed changes to the guidelines for punishment of white collar crime.  Besides his ongoing focus on white collar sentencing in his legal practice, Harris serves as a member of the Board of Editors of the Federal Sentencing Reporter, and is a contributor to the leading treatise Practice Under the Federal Sentencing Guidelines.

Harris told Compliance Week that he has mixed feelings about the Sentencing Commission’s proposed amendments. While Harris found the Commission’s review encouraging, he hopes the modest changes that resulted are the first step towards a more wholesale revision.

The guidelines have been too focused on loss amount measured in dollars to the exclusion of almost everything else. Prison terms have risen with monetary losses without empirical evidence that these lengthy sentences provide greater deterrence, Harris explained.

The article tracks the Commission’s review process, mandated by Dodd-Frank, and the reactions to the changes among academics, public defenders, and members of the white collar bar including Harris. In addition to the guidelines’ focus on losses, critics point to inconsistent application and insufficient discretion for judges.

We will continue to cover these developments and provide updates as the proposals are transmitted to Congress on May 1; and barring objections, go into effect on November 1.

Related posts:

U.S. Sentencing Commission Approves Amending Sentencing Guidelines to Reduce Penalties for Economic Crimes

DOJ Opposes Amendments to Economic Crime Sentencing Guidelines

U.S. Sentencing Commission Proposes Amendments to Widely Criticized Economic Crime Sentencing Guidelines

Photo of Mark Harris Mark Harris

Mark Harris is a partner in the Litigation Department, co-chair of the Appellate Practice Group, and a member of the Securities Litigation and White Collar Defense & Investigations Groups.  He represents institutional and individual clients in both civil and criminal litigations.

Mark is…

Mark Harris is a partner in the Litigation Department, co-chair of the Appellate Practice Group, and a member of the Securities Litigation and White Collar Defense & Investigations Groups.  He represents institutional and individual clients in both civil and criminal litigations.

Mark is a former clerk to U.S. Supreme Court Justices John Paul Stevens and Lewis Powell, Jr., and Judge Joel Flaum of the U.S. Court of Appeals for the Seventh Circuit. Mark subsequently served as an Assistant U.S. Attorney for the Southern District of New York, during which he prosecuted a broad spectrum of federal crimes, including health-care fraud, financial fraud, and corporate embezzlement, and tried a number of jury trials and argued before the Second Circuit.

Mark has handled dozens of cases in the U.S. Supreme Court and other appellate courts in a variety of areas spanning criminal law, patent, copyright, labor relations, and administrative law, including:

  • Representing Biosig Instruments before the U.S. Supreme Court and the Federal Circuit, in a case that redefined the standard for patent definiteness and upheld the validity of Biosig’s patent.  He was named The American Lawyer’s Litigator of the Week for that result.
  • Obtaining reversal of the trial conviction of a former Gen Re executive in the Second Circuit.

  • Persuading the Second Circuit via a petition for interlocutory review and merits brief to vacate a class-certification order entered against Sprint Corporation.

  • Successfully representing electronic publishers before the U.S. Supreme Court in Reed Elsevier Inc. v. Muchnick, which Managing Intellectual Property Magazine named the 2010 “U.S. Copyright Case of the Year.”

  • Successfully representing an employer before the U.S. Supreme Court in 14 Penn Plaza LLC v. Pyett, which overturned 35 years of precedents concerning the enforceability of arbitration clauses in labor agreements.

Mark has handled numerous matters involving securities fraud, tax evasion, insurance fraud, and a variety of financial crimes. Significant representations have included the following:

  • John and Timothy Rigas, principals of Adelphia Communications Corp., at their resentencing and before the Second Circuit.
  • The president of a major international company whom federal authorities sought to extradite for tax offenses allegedly committed in the United States.

  • The former CEO of Princeton Economics International, whose release Mark helped win from the longest term of federal civil contempt in U.S. history.

  • An investor charged with securities fraud involving the conversion of a mutual savings bank to a capital stock bank.

Since 1996, Mark has been a member of the Board of Editors of the Federal Sentencing Reporter and a frequent contributor. His work on behalf of non-U.S. clients was featured in the American Lawyer’s 2006 Litigation supplement. He has lectured on both criminal law and appellate practice before the International Bar Association, the National Association of Criminal Defense Lawyers, PLI, and the ABA Sections of Litigation, Criminal Law, and Employment and Labor Law, and has been interviewed by Bloomberg Radio, the National Law Journal, WINS AM-1010, Law360Legal Times, and other news organizations.

He also serves on the Board of Trustees of the National Museum of Mathematics.