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Third Circuit Issues En Banc Opinion in favor of defendant in case involving Amicus brief co-authored by Post & Schell Partner
In an important decision, the Court of Appeals for the Third Circuit issued on April 17, 2009 an en banc opinion in United States v. Tomko, which upheld a sentence of probation in a federal criminal tax evasion case. The Tomko Court rejected the claims of the government that the sentence was unreasonable under the U.S. Sentencing Guidelines, which had called for a sentence of imprisonment. Peter Hardy, a partner in Post & Schell's white collar practice group with particular experience in criminal tax and appellate matters, co-authored an amicus brief filed in Tomko on behalf of the National Association of Criminal Defense Attorneys. The amicus brief argued that the Sentencing Guideline provisions for criminal tax cases are based on empirically flawed data and violate the Sentencing Reform Act.
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