On December 2, 2001, the Enron Corporation filed the largest bankruptcy petition in U.S. history. Losses to investors, creditors, employees, and pensioners were in the billions. Criminal investigations are ongoing. On May 1, 2003, the U.S. Sentencing Commission passed a set of amendments to the U.S. Sentencing Guidelines that will, among other things, prevent a federal district judge from awarding a sentence of straight probation to a defendant convicted at trial of an $11,000 mail fraud. This Issue of FSR tells the story of how the first of these apparently unrelated events led to the second. Put another way, this Issue is about the criminal provisions of the Sarbanes-Oxley Act and the changes in federal sentencing law they produced.
Frank O. Bowman III, Editor's Observations: The Sarbanes-Oxley Act And What Came After, 15 Fed. Sent. R. 231 (2003)