This article appeared in Business Crimes Bulletin, an ALM/Law Journal Newsletters publication that features the news and analysis you need to stay on top of the fast-changing, multi-faceted world of financial and white-collar crime.

It would be a surprise to many, but it has been common knowledge to criminal practitioners for years, that a criminal defendant’s sentence for a crime which they have been convicted can be increased based on consideration of conduct that the jury acquitted. As some have observed, this outcome can make a partial acquittal in federal court into a pyrrhic victory as the defendant’s sentence is impacted by the same behavior that the jury concluded was not proved beyond a reasonable doubt. And not just impacted on the margin — a defendant’s sentence can be greatly increased.