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U.S. v. TOM

No. 07-1074.

504 F.3d 89 (2007)

UNITED STATES of America, Appellant, v. Michael K.C. TOM, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 1, 2007.

Attorney(s) appearing for the Case

Jonathan F. Mitchell, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, and Cynthia A. Young, Assistant United States Attorney, were on brief, for appellant.

Mark W. Pearlstein, with whom Benjamin A. Goldberger and McDermott Will & Emery LLP, were on brief, for appellee.

Before LYNCH and LIPEZ, Circuit Judges, and BARBADORO, District Judge.

LYNCH, Circuit Judge.

The government appeals as unreasonably lenient a sentence of thirty-six months' probation (including six months of community confinement) imposed on a white-collar criminal, Michael Tom. Tom, a securities professional, illegally made almost $800,000 in insider trading profits and then obstructed justice by lying under oath to the Securities and Exchange Commission, encouraging another witness to lie, and creating a false document.

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