By Mario Nguyen ( November 5, 2018, 1:04 PM EST) -- Often, some of the most vigorous advocacy a criminal defense attorney makes is after a conviction at sentencing, where the evidentiary standards and burden of proof are less demanding and wider in scope.[1] At this stage, the court's focus shifts from whether the defendant committed a crime to how the defendant did it and who the defendant is. In white collar criminal cases, prosecutors commonly seek two enhancements under the U.S. sentencing guidelines: (1) abuse of a position of trust,[2] and (2) use of a sophisticated means.[3]...
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