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Guidelines in Sentencing Federal Fraud Cases

March 21, 2024 Uncategorized

Before we look into the guidelines of sentencing in fraud cases, first lest familiarize ourselves with the real meaning of fraud. According to federal laws, fraud is referred to as any conscious and intentional action that is deceptive in nature or misrepresentation applied by someone to benefit him or herself. This is referred to using lies and deceit to acquire benefits. There are a variety of fraud cases across the states. These cases include embezzlement of funds, production, and supply of counterfeits goods, handling and any offenses surrounding stolen properties, wanton destruction of property, theft, forging of documents and other forms of deceitful theft. Now with the knowledge of what fraud is, let’s looking at the sentencing guidelines.

Sentencing guidelines

Generally, these fraud sentencing guidelines apply across all fraud cases. But it is also of importance to note that some instructions also are more specific and are only applicable in a more specific context of the fraud. It is of great essence to note that some of these sentencing guidelines are a bit tricky and hard especially in defining the loss incurred by the occurrence of a particular fraud case. And now straight to the provisions of federal law on the fraud cases. First at the lowest or basic fraud offense level, if the accused is found guilty of any of the fraud offenses, it is within the sentencing guidelines that he serves a jail term of 20 or more years. In case of a more specific fraud case scenario, if the loss incurred due to the said fraud offense exceeds $5000 the level of punishment (which in our case is the number of years) will continually increase by two as the amount of money lost increases.

Secondly, fraud offense of producing, supplying and owning things that are used in fraud has its own specific laws. This can be said to be in possession of items, or things that have been, can be, or will be used in fraud. These items include things like money printing machines, bank accounts information and illegal manufacture of credit cards both original and counterfeit. This type of fraud offense is charged using sentencing guidelines under the Federal Fraud Acts. This Fraud Act slaps the accused with a maximum sentence of serving a jail term for 20 years for producing or supplying the fraudulent items and a five-year jail term for being in ownership of such fraudulent items. In most cases, maximum sentences for this fraud offense is rarely served.

Other sentencing guidelines include the quantity of the amount lost through the fraudulent action. This is always a key factor that the judge pays close attention before making a determination on any case. The focus is never on the amount the suspect acquired through fraud but rather on the amount the victim lost. In this case, the amount the victim lost is determined by many factors. These factors include the amount the victim lost during the time of the offense and the amount the victim would have gained or earned if he or she had not suffered the offense. The more the amount of money lost the higher the penalty it attracts.

The other one is the amount that features in the loss. This refers to the total number of people that suffered loss as an outcome of fraudulent action. This implies that judge in rendering a decision on a fraud case, he has to put in mind the number people affected by this fraud offense. The number can be large hence widespread losses or the amount can small. No matter the number of people involved, fraud is punishable by the law. But the number of involved denotes the severity of the punishment. This means that if more people incur losses due to fraud it attracts high penalties and few people involved the laser the sentence.

The other guideline is a position that the suspect was holding during the time he or she committed a fraud offense. This guideline looks into the power position of the accused. If he or she was in place of trust or he or she has the ability to influence the outcome of something. The position of trust is a situation where one holds a position that a trustee of many people. Fraud comes in when a person decides to take advantage of his position and role using fraudulent means to benefit his or herself. The judge takes into account this factor before delivering a ruling on any fraud offense case. If one is found guilty of a fraud offense and it is proven that he or she was in a position of trust, then this way he would attract a higher penalty than that was never in any position of influence.

For a ruling to be made on any fraud offense case, these sentencing guidelines which include the provisions of the federal laws, amount of money that would get lost, number of people affected by that particular fraud and finally the position of the suspect needs to be considered.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
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Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
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Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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CLAIRE BANKS

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RAJESH BARUA

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