US INVITES COMMENTS ON POSSIBLE CHANGES TO ANTITRUST SENTENCING GUIDANCE

This month the US Sentencing Commission invited public comment on American antitrust offences and sentencing guidelines. The review forms part of a general consultation process aimed at reviewing sentencing issues.

The consultation, due to end on 1 May 2015, has highlighted the study of antitrust offences as one of its priority areas. It will include an examination of the corporate fine provisions contained in §2R1.1 of the antitrust sentencing guidelines, which covers bid-rigging, price-fixing and market allocation agreements among competitors.

The maximum sentence for cartel offences is currently 10 years. The length of prison sentences for antitrust offences in the US have increased significantly in recent years. In 1990 – 1999 the average prison sentence stood at 8 months, but by the period 2010 – 2013 this had increased to an average of 25 months.

The Commission will consider whether amendments to the guidelines are appropriate in light of the review and the responses it receives from the public.

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About Jasvinder Nakhwal

Jasvinder Nakhwal is a partner specialising in all aspects of business crime, in particular criminal cartel investigations, mutual legal assistance and extradition. Chambers UK 2013 quoted that "Jasvinder Nakhwal continues to impress clients with her extensive experience in cartel defence work"... and has a "thriving extradition practice". Jasvinder trained with Peters & Peters and qualified in 2002 as an Associate. She became a Partner in 2010, in the Business Crime team. Jasvinder has in-depth experience in advising both corporate and individual clients in fraud-related matters, with a firmly-established expertise in respect of criminal cartels, extradition, mutual legal assistance and corruption matters. Many of her cases have a strong international element. Jasvinder has acted for clients who simultaneously face investigation by the European Commission, the US Department of Justice, the Canadian Competition Commission and the Australian Competition and Consumer Commission. She also advises in respect of cash seizure and forfeiture cases brought under the Proceeds of Crime Act 2002, and has acted in cases involving allegations of corruption, money laundering, tax and duty evasion in professional disciplinary matters and in inquests and independent inquiries. Jasvinder is a regular speaker on her areas of expertise.

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