By Vikas Dhar, Esq.
Federal Criminal Defense Attorney | Dhar Law LLP

A new academic analysis of presidential clemency patterns has reignited debate about who benefits from the pardon power. The data suggests that individuals convicted of financial and corporate crimes receive a disproportionately large share of presidential pardons compared to other categories of offenders. Predictably, this has triggered claims that the system is “broken.”

The reality is more nuanced, but it is also more revealing. From the vantage point of an attorney who has spent more than two decades defending clients in federal court, I see something different. In my experience, clemency trends reflect how power, risk, reputation, and advocacy are intertwined in the federal system.

“A presidential pardon is not forgiveness. It is a legal instrument that can restore careers, reputations, and in some cases the ability to operate in regulated industries. That makes it a valuable avenue in white collar cases,” – Vikas Dhar

Why White-Collar Defendants Seek Pardons More Often

White-collar sentences are often shorter than those for violent or drug crimes. As a result, many white-collar defendants finish their custodial sentences before a commutation becomes meaningful. However, the conviction itself carries long shadows:

– Loss of professional licenses
– Securities and banking disqualifications
– Travel and immigration complications
– Board-level and fiduciary restrictions
– Permanent reputational harm in the digital age

A pardon can mitigate or eliminate many of these collateral consequences. In other words, for white-collar defendants, it is the conviction not the sentence that is often the real punishment.

“In federal white-collar cases, the courtroom penalty is only half the story. The regulatory and reputational fallout can last a lifetime, and that’s what drives many clemency petitions.” –Vikas Dhar

Access, Advocacy, and Optics

Clemency has always involved discretion. It is one of the few areas where the Constitution grants nearly unchecked executive authority. What has changed in recent years is not the existence of discretion, but the visibility of how it is exercised. Data analytics now allow researchers and the public to track patterns that once went unnoticed. High-profile white-collar cases also tend to involve individuals with:

– Documented achievements
– Established professional networks
– Resources to mount sophisticated clemency applications
– Legal teams experienced in federal mitigation strategy

That does not automatically equal favoritism; it often reflects who is positioned to present a compelling record of rehabilitation and contribution.

“Still… perception matters. Public confidence in the justice system depends on fairness and transparency. Clemency should be rare, principled, and grounded in objective criteria.When it appears selective or political, it risks undermining faith in the rule of law itself.” –Vikas Dhar

Implications for Defendants and Professionals

If you are under federal investigation or already convicted, understanding long-term strategy is critical. Clemency is not a substitute for strong defense work, but it can be part of a broader mitigation roadmap. Effective federal defense today requires planning for:

– Sentencing advocacy
– Collateral consequence mitigation
– Reputation management
– Regulatory exposure
– Potential post-conviction relief avenues

Many clients wait too long to think about these issues. By the time they do, options may be limited.

A Look at The Bigger Picture

The clemency conversation is really about how society balances punishment, rehabilitation, and second chances, especially in financial crime where harm is real but redemption is possible. The takeaway is not that the system favors white-collar offenders. It is that white-collar cases can have lifelong effects that exceed sentencing consequences. These crimes require long-range legal strategy beyond the verdict.

At Dhar Law LLP, we represent clients in federal investigations white-collar prosecutions, and post-conviction matters nationwide. Our approach is discreet, strategic, and grounded in decades of courtroom experience.

About the Author

Vikas Dhar is a federal criminal defense attorney with more than 23 years of courtroom experience. His practice focuses on white-collar defense, federal investigations, data privacy, immigration-related criminal matters,homeland security issues, intelligence-related cases, and international extradition.