Boston's Big Dig was the most expensive highway project in history and was replete with cost and scheduling overruns, leaks, flaws, the use of substandard materials and criminal prosecutions. A jury found two defendants guilty of fraud for delivering thousands of truckloads of substandard concrete to the project. But at sentencing, the district judge sentenced the defendants to six months of home confinement and 1,000 hours of community service, even though the Guidelines called for 87 to 108 months of incarceration. The government appealed, and the First Circuit affirmed. The court reasoned that while the departure "gives us pause," the district judge explained his decision well and relied in large part on the "imprecise" calculation of the loss amount, which was "the most significant factor" in the Guidelines range. Combined with the district court's extensive findings regarding the individual circumstances of the defendants, the First Circuit held that the sentences were reasonable. (Good thing they didn't smile.)
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A big departure in the Big Dig
- Day Pitney LLP
- August 1 2012
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