Significant appeal in Big Dig criminal case
Attorneys Peirce, Singal, and Powell win significant appeal in Big Dig criminal case
Federal prosecutors in this high-profile, Big Dig criminal case sought to incarcerate the two lead defendants for a substantial period of time after they were convicted of federal highway fraud and other charges after a sixteen-day trial. Barrett & Singal (formerly Donoghue Barrett & Singal), along with its co-counsel, successfully persuaded the trial judge to issue a no-jail sentence for its client, even though the discretionary United States Sentencing Guidelines recommended a range of 87 to 108 months, of incarceration.
On July 13, 2012, the United States Court of Appeals for the First Circuit upheld that significant result, observing how “rare it is to encounter a variance of this magnitude.” The First Circuit concluded that the variance downward from the United States Sentencing Guidelines was adequately explained by the sentencing judge, a key factor for appeals courts reviewing sentencing decisions. Among other important factors the Court analyzed, the First Circuit agreed with Barrett & Singal that the $5.2 million dollar loss figure stemming from the crimes was not precise, and was not a fair measure of their client’s culpability. The First Circuit also placed substantial weight on the sentencing judge’s conclusion that there was no evidence that the Big Dig structures had been harmed in any way by the crimes for which they were convicted. And the First Circuit agreed that it was reasonable for the sentencing judge to have considered the client’s lack of a motive to profit, as well as his substantial good deeds throughout his life before these events. The ruling has been deemed significant by commentators who follow white collar criminal law.
The defendant was represented at trial by Attorneys Singal, Peirce, and Powell. Attorney Peirce briefed and argued the successful appeal before the First Circuit.
Helping clients successfully navigate health care regulation
Clearing the path for a state-of-the-art hospital in Charlestown
Landmark ruling in scientific misconduct case
Giving back to our community
This website presents general information about Barrett & Singal and is not intended as legal advice nor should you consider it as such. You should not act upon this information without seeking professional counsel.
Please note that contacting Barrett & Singal by email, telephone or facsimile will not establish an attorney-client relationship, obligate us to act as your attorney or impose an obligation on either the law firm or the receiving lawyer to keep the transmitted information confidential. Completion of Barrett & Singal’s new client intake protocol, including without limitation the firm’s conflicts checking process and an engagement letter, is necessary to establish an attorney-client relationship. Absent a current attorney-client relationship with Barrett & Singal, any information or documents communicated or transmitted by you to Barrett & Singal will not be treated as confidential, secret or protected in any way. If you are not a current client of Barrett & Singal, please do not send any confidential information to us through this web site or otherwise concerning any potential or actual legal matter you have. Before providing any confidential information to us, you must obtain permission to do so from one of the firm’s lawyers. By clicking "Accept," you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us unless we already represent you or unless we have agreed to receive limited confidential material/information from you as a prospective client.
If you would like to discuss becoming a client, please contact one of our attorneys to arrange for a meeting or telephone conference. If you wish to disclose confidential information to a lawyer in the firm before an attorney-client relationship is established, the protections that the law firm will provide to such information from a prospective client should be discussed with the firm attorney before such information is submitted. Thank you for your interest in Barrett & Singal.