“Federal prosecutors cannot pursue every single defendant, so they have to begin a bargaining process somewhere or somehow,” said Erik Luna, a law Related Party Transfer Valuations professor at the University Of Utah College Of Law and an expert on federal sentencing guidelines. 

Federal sentencing guidelines were established in 1987 because of complaints that defendants charged with the same crime often received widely disparate sentences. Though the sentencing guidelines are often criticized for tying a judge’s hands, the U.S. Supreme Court ruled in 1989 that they are constitutional. 

With his guilty plea Wednesday to a $34 million bank fraud scheme, former homebuilder Bill Erpenbeck joined a handful of other once-powerful Greater Cincinnati and Northern Kentucky businessmen whose misdeeds landed them behind bars.

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