Midwestern district court

He pled guilty to a wire fraud felony

He stole $115k from his former employer, white collar case

No other criminal record

Sentencing guideline is 10-16 months

AUSA in his memorandum asked for 10 months + fines

His attorney asked for community service and probation

Sentencing is next week, will update

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48354313)

Can you give us a sentencing report analysis of the judge?

Are any of the judge's former clerks on your team so you can get some reads there?

Lit comms strategy?

Thanks

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48354353)

Aggravating factors: scamming continued for like 4 years, admitted to wrongdoing when caught but hid full extent

I don’t have any of the other stuff, I’m not involved in the case just ran a PACER search after learning this was going on

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48354377)

That said

He at least gets acceptance of responsibility points to reduce his guideline range with a naked plea

Plus, perhaps he got consideration on the loss amount from the AUSA in exchange for his plea (for ex maybe the true loss was >$250K but in exchange for plea the AUSA stipulated to a loss amount of $115k, which lowers his USSG points and potential guideline range)

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356243)

have you ever heard of someone doing a naked plea when the ausa refuses to make any offer simply for the reduction in points? here the ausa at also appears to have agreed to argue for the lower end of the guideline.

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356259)

Yes. All the time.

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356271)

The United States Attorney and I have entered into the following agreements which are submitted to the Court pursuant to Rule 11(c)(1)(B) of the Federal Rules of Criminal Procedure and are not binding upon the Court; I understand that if the Court refuses to follow the recommendations set forth below, I will not be allowed to withdraw my guilty plea:

i.

For purposes of calculating the U.S. Sentencing Guidelines, the parties agree that, at a minimum, the following offense level calculations apply to me (based upon the November 1, 2023 Guidelines Manual):

5

A.

The parties agree that the base offense level is 7 pursuant to U.S.S.G. § 2B1.1(a)(1).

B.

The parties agree that the total loss amount exceeds $95,000, and therefore 8 levels are added pursuant to U.S.S.G. § 2B1.1(b)(1)(E).

C.

The parties agree that I abused a position of trust in a manner that significantly facilitated the commission and concealment of the offense, and therefore 2 levels are added pursuant to U.S.S.G. § 3B1.3.

D.

The parties agree that in recognition of my acceptance of responsibility for my offense conduct, I am entitled to a two-level reduction in my offense level. The parties further agree that I have assisted authorities in the investigation or prosecution of my own misconduct by timely notifying the United States Attorney’s Office of my intention to plead guilty, thereby permitting the government to avoid preparing for trial and permitting the government and the Court to allocate their resources efficiently, and we agree that if my offense level is 16 or greater, the government will move at sentencing for me to receive an additional one-level reduction in offense level. However, I understand that the government’s obligation to recommend acceptance of responsibility under this plea agreement is contingent upon my continuing manifestation of acceptance of responsibility; should I deny my involvement, give conflicting statements of my involvement, or engage in additional criminal conduct including any personal use of controlled substances, the government shall not be bound to recommend any reduction in offense level for acceptance of responsibility. I further understand the Court is not bound by this recommendation and that the Court makes the final decision regarding my receipt of a reduction in offense level for acceptance of responsibility.

6

ii.

At the time of sentencing, the United States Attorney shall recommend that I be sentenced to a period of imprisonment at the low end of the applicable guideline range, said guideline range to be determined by the Court.

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356159)

where did his attorney argue for probation?

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356173)

never seen it done this way. i imagine if there was a persuasive reason the judge should significantly deviate from the sentencing guidelines they would have agreed to below 10 months rather than just agreeing to what they'll argue the judge should do. i don't see what purpose the defense attorney filing his own recommendation serves if his argument wasn't strong enough to persuade the ausa to accept a weaker bargain.

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356215)

how long after sentencing do D's have to report to prison? it's odd because court granted him the ability to go on an international trip in december, but sentencing is this month

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356235)

as far as sentencing and shit generally, it's all very discretionary. look how long elizabeth holmes evaded starting her sentence. it's going to depend on the judge, your buddy, and his reasons for requesting a delay.

i'm sorry for your friend. having worked in the field i know how good d00ds overall still make mistakes. sadly, the road ahead is very tough. i have seen people rebound too, though. my assumption is that he's fucked on getting no jail. maybe it's plausible the judge would go below the guidelines, but i've never seen it happen personally. in my experience most judges go with the plea or whatever the sentencing commission recommends if there is no plea bargain in place. i've never seen a judge deviate downwards. i'm sure it has happened, but probably from progressive hawaii judges in favor of an oppressed class. not likely for a financial crimemo whose only saving grace is "he's a good d00d who made a mistake." that bargaining happens at the plea bargain stage. once a guilty verdict is entered, judges will only deviate from sentencing guidelines in extraordinary circumstances ime.

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356281)

i've never met anyone more insecure about their image, it's been funny the last year now that i know who he is to see him say bullshit to my face that i know is false. i hope he gets his 10 months and i know they're gonna make up some bullshit about where he actually is, but that will be when i let everyone in our little secret.

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356349)

still sucks to see someone ruin their life but it seems fair.

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356373)

funny about the career consequences, he claims he has to stay at his current company until he's 55 to qualify for a sickkkkkk pension lol ofc the truth is this job is all he has and if it's gone, he's fucked

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356381)

i have to imagine a guilty verdict + incarceration means you're permafucked for most white collar work. at least with any large company that runs background checks.

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356427)

the prosbros often don't know anything. and neither do the defense attorneys. and often not even our clients. a did this post-ite so there was a lot of "smoke" and searching for the "fire." especially when it came to individuals. this is why so few people got charged. there weren't a lot of smoking guns and there was plenty of reasonable doubt various individuals were just caught up with the enthusiasm of pre-ite. in my opinion knowing them and reading through their emails for years, it's true, most were just dancing when the game of musical chairs ended.

anyway, the day to day was not glamorous. a lot of discovery and motion practice. and at the end of the day you know it's going to be some civil fine, consent agreement, etc. not very glamourous or what people think of with corporate white collar defense.

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356567)

i've only seen a judge disregard a plea bargain twice and both times it was to enhance the sentence.

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356160)

I admit I'm not a crimbro but this was the process last time when I had a commercial case that involved a related fed crim action. They still did the opposing sentencing reports with the AUSA asking for the amount of time in the deal, and the defendant asking for more leniency.

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356198)

see my poast right before this but yeah my assumption was that judges would rarely deviate from sentencing guidelines and the ausa's recommendation.

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356221)

He’s only sorry because he got caught.

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356144)

If it was a close friend I’d probably root for him to get off based on personal bias/friendship, but this time of crime absolutely objectively deserves a serious punishment.

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356351)

Try to see it once my way

Am I wrong?

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356164)

He's only serve 65%

He probably does time at that loss amount, and serves 180 days

(http://www.autoadmit.com/thread.php?thread_id=5636568&forum_id=2\u0026mark_id=5231527",#48356247)