For Immediate Release
	CONTACT: Christi Powers State Bar of Wisconsin (608) 250-6025

Federal court In Western District cited for getting tough on white-collar crime

Nov. 3, 1999 - The Western District of Wisconsin is the toughest in the country when it comes to sending convicted white-collar criminals-embezzlers, scam artists, contractors who overbill the government-to prison. That's according to a study of the nation's federal courts recently published in the ABA Journal.

The American Bar Association gathered Department of Justice data through Syracuse University and found a wide disparity in white-collar crime sentences in 90 federal districts nationwide.

Leading the nation in sending white-collar criminals to prison was the Western District of Wisconsin, headquartered in Madison, where nearly 85 percent of those convicted go to prison. By comparison, only 26 percent of convicted white-collar criminals were sent to prison in the District of New Jersey, one of the nation's most lenient.

The disparity in sentencing continues to exist despite federal guidelines that were put into effect in 1987 in attempt to gain uniformity. Some national experts believe the disparity in sentencing can be explained by the power prosecutors hold in determining how charges are brought. In many cases, prosecutors have leeway on issues such as what charges to bring, the amount of money at issue in a case, and which cases should be left for state authorities.

What's going on in the Western District of Wisconsin where the most white-collar criminals are going to prison? Nothing but prosecutors following the law, says U.S. Attorney for the Western District Peggy Lautenschlager.

Lautenschlager pointed out that Justice Department policies require lawyers in her office to charge the most serious offenses they believe they can prove. It's her department's duty to prove the full extent of the loss, she said, and it's what the district's judges require. According to Lautenschlager, judges in Madison are more than ready to throw out plea agreements they don't like. "I think the judges [here] follow the guidelines to a T," she said.

Madison Defense Attorney Stephen Hurley agreed that the Western District is tough on white-collar criminals. "They're harsh here. My assumption is [defendants] will always go to prison."

In addition to the Western District of Wisconsin, the country's other toughest districts are the District of Rhode Island, the Middle District of Louisiana, the Southern District of Georgia, and the Southern District of Iowa, all of which sent at least 70 percent of white-collar criminals to prison.

Visit the American Bar Association website to read the complete ABA Journal article.

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