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How Do the Federal Sentencing Guidelines Work in Fraud Cases?

March 21, 2024 Uncategorized

Understanding Federal Sentencing Guidelines for Fraud Charges: What You Need to Know

Fraud charges at a federal level can have severe implications, including long prison terms. If you’re currently facing any kind of federal fraud accusation, it’s vital to consult with tried and true criminal defense attorneys who practice in both state and federal courts. Their expertise could lead you to understand the charges, potential consequences, and the most effective defense strategy.

What constitutes federal fraud?

Federal fraud encompasses an array of white collar crimes. Some examples include mail fraud, internet fraud, procurement fraud on government contracts, healthcare embezzlement, tax evasion or misreporting, insurance swindles, securities scams, embezzlement thefts by employees or entrusted individuals within companies or organizations (including charities), credit card rip-offs; mortgage and wire deceptions are also actionable offenses under this umbrella term.

Although every category mentioned above holds unique intricacies, all types of fraud share commonalities; they allege that the defendant thrived off dishonesty and deceit to steal vast sums or items holding value from others unlawfully. Remember though that regardless of the type of offense under which one is being charged for federal fraud cases — as per legal protocol — prosecutors must be able to prove guilt beyond reasonable doubt before they can get a conviction. Under certain circumstances (even when charges seem insurmountable), there may be valid defenses leading to favorable outcomes that only seasoned lawyers specializing in crime can unravel.

Federal Fraud Sentencing Guidelines

Given most financial crimes’ similarity to each other – they generally fall under the concept put forward in the US Sentencing Guideline §2B1.1 providing federally convicted criminals with sentencing guidance. These instructions are intricate and highly nuanced; several elements apply uniquely amongst convictions deemed forgery/false instruments/stolen property/embezzlement/acts-of-theft-related.
Courts devise a scoring system derived from several factors including an assigned number of points that become part of the calculation for point-count. Federal offenses receive basic points between six to seven, which increase to seven base points in cases where the conviction carries statutory imprisonment of 20 years and six base points elsewhere.
Thereafter, a primary accounting aspect includes calculating the losses stemming from an offense. Conduct under this tabulation counts both intended and actual losses – whichever figure is greater., Higher levels come into play when greater losses occur; a table distinct from §2B1.1(B) specifies rises in stages concerning loss amounts over $6,500.
Below are additional relevant details defining increments on increased levels tied to corresponding loss-amount:
[columnize]

Loss Values

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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.
Brendan huisman
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 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
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.

Levels Added

Loss of $6,501 to $15,000 | Two Levels Added
Loss of $15,001 to $40,000 | Four Levels Added
Loss of $40,001 to $95,000 | Six Levels Added
Loss of $95,001 to $150,000 | Eight Levels Added
Loss of $150,001 to $250,000 | Ten Levels Added
Loss of $250,001 to$5500,000| Twelve Levels Added
Loss of$5001-1.5M|Sixteen Levels Added
Losses at$350ten thousands to nine-point five million|Eighteen levels added
Losses at 9 five hundred thousand dollars through twenty-five million dollars|Twenty levels added
Losses range between 25 million through sixty-five million dollars|Twenty-two levels added
From sixty-five million and up towards one-hundred fifty million dollars|Two dozen (24) levels augmented
Values exceeding five hundred million dollars|Three dozen levels added
[/columnize]

As an illustration, a case featuring losses that approximate eight lower level increments linked to loss-value with this type of federal fraud conviction could trigger the increased range shifting between 15-20 months.

Once basic calculations and loss-commitment accounting have been done, courts finalize propensity-examination criteria. This ultimately leads to either enhancing/lessening an accused’s standing in court depending on received points across various mitigating or aggravating factors. Some negative circumstances that cause “aggravation” might include the misuse of trust status, exploiting mass-marketing schemes or taking advantage of victimized minors, holding leadership positions within the organization or group engaged in illegal activities. Presence on these factors can significantly influence extending prison terms where Culpability is concerned.

Factors contributing toward “mitigating” measures – which see fairly mild punishments resultant of minimal roles played in offenses perpetrated by lesser charge-bearers who at least admitted guilt immediately.

Once sentencing points enter summative stages accompanied by criminal records nearby this juncture outline federal guideline range limits the ultimate penalties meted out dependent on case specifics can still bear possible life-long repercussions unless justified by a gifted attorney well-versed in crime law conventions.

Endnotes

If you have been accused/tried/sentenced for committing a fraud offense under Federal Law’s US Sentencing guidelines are applicable. It’s essential to consult with experienced defense lawyers to determine further actions once faced with such allegations as adapting anticipatory measures for often-faced longer prison time-ranges than state-level crimes are punished via indictment/ investigation may require renegotiating strategy efforts backfiring against alleged criminal perpetrators/punishment caused therefrom may not just last years but present lifelong obstacles thereby necessitating strict adherence at all times going forward.
Finally, when made aware of any impending charges — even if merely queries instead of indictments — sitting down with a reputable lawyer and laying the groundwork for a mitigation strategy is of utmost importance. Their expertise could lead to favorable outcomes, such as even securing an agreement rejecting indictment allegations put forth by some jurisdiction levels beyond may tarnish records drastically short/or long-term without proper legal backing.

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Todd Spodek

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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