Enhanced Sentencing For Criminal Antitrust Defendants: "U.S. v. VandeBrake"

The Eighth Circuit's recent decision in U.S. v. VandeBrake, 2012 U.S. App. LEXIS 8584 (8^th Cir. 2012), which affirmed the sentence of Steven VandeBrake, provides prosecutors new support for seeking enhanced sentences in criminal antitrust cases.

VandeBrake was a criminal price-fixing and bid-rigging case brought under the Sherman Act. U.S. v. VandeBrake, 717 F. Supp. 2d 961 (N.D. Iowa 2011). Steven VandeBrake pled guilty and faced a sentence under the U.S. Sentencing Guidelines (Guidelines) of 21 to 27 months. The trial court about doubled VandeBrake's sentence to 48 months. The upward variance in sentence was based on the court's policy disagreement with the Guidelines and the defendant's lack of remorse.