New York Law Journal
Written by Harlan Protass
An in-depth analysis of federal sentencing guidelines in the wake of United States v. Booker, which rendered those guidelines advisory rather than mandatory.
Slate.com
Written by Harlan Protass
Attorney Protass discusses how to skim the top off a federal prison sentence.
Slate.com
Written by Harlan Protass
According to Attorney Protass, Prosecutors could seek a five year sentence for the former Illinois governor, but shouldn’t.
The National Law Journal
Written by Harlan Protass
Harlan Protass and Mark D. Harris discuss how Such a move would permit thousands of men and women who were harshly sentenced long ago to benefit from lawmakers’ enlightened perspectives.
Slate.com
Written by Harlan Protass
Bush commutes Libby’s sentence, while his lawyers come down hard on everyone else.
Slate.com
Written by Harlan Protass
How to pull a child out of the juvenile justice system.
Los Angeles Times
Written by Harlan Protass
“Lawmakers let pass into law new guidelines proposed by the Sentencing Commission that will cut crack prison terms by an average of just over two years, with the amount of narcotics involved still playing the determining factor in the length of sentences.”
Slate.com
Written by Harlan Protass
How to incriminate yourself on the stand without getting in trouble.
Slate.com
Written by Harlan Protass
Which federal laws might the former governor have broken?
Chicago Tribune
Written by Harlan Protass
“As the stock market continues its dizzying decline and the taxpayer tab for the fix continues to rise, it’s perfectly natural to look for someone to blame… But going after CEOs is nothing more than a clever deception designed to trick the American public into believing that the government has identified the culprits responsible for their economic woes and is doing something about it.”
Slate.com
Written by Harlan Protass
How long should the Ponzi-schemer go to prison for?
Chicago Tribune
Written by Harlan Protass
Attorney Harlan Protass explores the legal dilemma posed by recalling presidential pardons on an outdated requirement that they must be physically received and accepted.
Slate.com
Written by Harlan Protass
A stroke of the pen can undo vast racial disparities in criminal sentences.
HuffPost
Written by Harlan Protass
“It is high time for the law to catch up with today’s technologies. And, while not perfect, Senator Leahy’s proposition is a step in the right direction.”
CNN
Written by Harlan Protass
If suspects sold heroin to Philip Syemour Hoffman, can they be held for his death? Not likely.
The Wall Street Journal
Written by Harlan Protass
Mandatory minimum laws need an overhaul. Congress is ready. Will the President Obama make good on his promises?
Newsday
Written by Harlan Protass
“We should worry a lot less about whether wealthy criminal defendants like Strauss-Kahn get to stay in their private prisons while awaiting trial, and worry more about calibrating bail amounts to the financial resources of each individual defendant.”
The National Law Journal
Written by Harlan Protass
Attorney Protass discusses the practical application of a practice known as “acquitted conduct sentencing,” in which jail terms can be based on conduct underlying charges that actually ended with not guilty verdicts.
Des Moines Register
Written by Harlan Protass
In this guest article, attorney Protass explores the unjust rationales for imposing long sentences for financial crimes based solely on federal sentencing guidelines.
Newsday
Written by Harlan Protass
Attorney Protass examines the purpose of subpoenas in the judicial system and the importance of not applying special treatment to individuals based on position.
New York Law Journal
Written by Harlan Protass
Attorney Protass discusses that, while the government often prevails in obtaining discovery stays in SEC actions running parallel to criminal cases, they do not have to win.
The National Law Journal
Written by Harlan Protass
Court cases ‘Lafler’ and ‘Frye’ provide an important remedy to criminal defendants who receive ineffective counsel, but neither helps lawyers decide whether to go to trial.
Slate.com
Written by Harlan Protass
Attorney Protass discusses the benefits of finding more worthwhile and effective ways of pursuing insider-trading cases, which would free-up prosecutorial resources to fight other economic crimes that pose a far greater danger to investors.
Everyone has heard the phrase “white-collar crime.” But when it comes to explaining these types of offenses, people often repeat common misconceptions.
Topic: Uncategorized
A hedge fund executive turned to attorney Harlan Protass for representation when he received a subpoena from the U.S. Securities and Exchange Commission (SEC) inquiring into his trading strategy. Because he knew that his client had not violated any law, attorney Protass and his client fully cooperated with the SEC’s investigation. After not hearing from those regulators for almost two years, however, attorney Protass received notice that the SEC was considering the filing of securities fraud charges against his client. In response, attorney Protass prepared a lengthy “Wells Submission” that ultimately persuaded the SEC of what he already knew – that his client had not violated any law, rule or regulation.
Charged with securities fraud and other related violations arising from his operation of a hedge fund with a unique and somewhat controversial investment strategy, a hedge fund manager turned to SEC lawyer Harlan Protass to represent him in litigation with the U.S. Securities and Exchange Commission (SEC). Attorney Protass tried everything to persuade federal regulators to drop their case. He submitted two “white papers,” three “Wells Submissions,” made numerous presentations and even took appeals to the highest levels of the SEC in Washington, D.C.
However, those regulators would not back down. Attorney Protass, therefore, had no choice but to defend the charges in court. After a three-week trial, an SEC administrative law judge dismissed all charges against the client, who, even today, continues operation of his profitable hedge fund.
