In federal fraud cases, sentencing starts with the alleged financial loss—in this instance, exceeding $1.4 million. Despite that high figure, thorough preparation before sentencing enabled our team at Portale Randazzo LLP to secure a result of no prison time and just two years of probation for our client.
The Number the Government Put Before the Court
Wire fraud and other federal fraud offenses are sentenced under the same federal guideline, §2B1.1. In these cases, the government's alleged loss figure dictates the calculation:
- Increased Loss Raises the Offense Level: The higher the alleged financial damage, the more severe the baseline charge.
- Higher Offense Levels Increase Penalties: A higher level directly translates to a longer recommended sentencing range.
- Collective vs. Individual Conduct: A loss figure describes the entire scheme, which often involves multiple people. A staggering figure, such as $1.4 million in this case, immediately draws the court's attention before they hear anything about the individual defendant.
The wire fraud penalty a person faces ultimately depends on how the court views their specific role in the broader picture.
In this case, our job was to separate our client from the overall scheme and present the court with the person behind the case.
A Former Federal Prosecutor's Perspective on Fraud Cases
Attorney Myra Din, a member of our firm, clerked in both of New York's principal federal trial courts, the Southern and Eastern Districts, and on the U.S. Court of Appeals for the Tenth Circuit. She then served as a federal prosecutor, which gave her a view of federal criminal cases from behind the bench and from the government's side of the courtroom.
This shapes how Attorney Din evaluates a fraud case. She understands how federal prosecutors and agents assess evidence, trace financial transactions and electronic communications, and develop cooperating witnesses.
She also knows how the government calculates alleged loss and how the government uses charging and sentencing exposure to create leverage. This knowledge helps her identify weaknesses in the government's theory early and prepare a response.
How Attorney Din Built the Sentencing Case
Drawing on her experience in the federal system, Attorney Din assembled a full picture of our client, going well beyond the government's loss calculations. She distinguished his individual conduct and limited financial benefit from the broader scheme.
Federal law directs courts to weigh the history and characteristics of the defendant alongside the nature of the offense. Because a court cannot weigh what the record never shows, we proactively built a mitigation record focusing on key areas, including:
- Personal and Career History: Demonstrating his positive background and professional contributions.
- Family Responsibilities: Highlighting his essential role as a provider and caretaker.
- Health Status: Addressing critical medical or wellness factors relevant to sentencing.
- Clean Criminal Record: Proving to the court that this was an isolated incident rather than a pattern of behavior.
Each area gave the court a reason to look at the human being, not just the financial figure. Together, they supported our request for the least restrictive sentence the circumstances warranted.
The Outcome of This Wire Fraud Case
The court imposed no incarceration and a sentence of two years of probation.*
*Past results do not guarantee what happens in your case, and every matter turns on its own unique facts.
What This Result Shows About Federal Fraud Defense
Effective federal counsel earns favorable outcomes by aggressively challenging the government's framing of the case. This requires separating an individual's conduct from a broader scheme, identifying the specific factors courts weigh at sentencing, and presenting that mitigation with care long before a hearing ever begins.
Portale Randazzo LLP brings more than 150 years of combined trial experience to federal cases, and we prepare every matter for trial from day one. Learn more about our approach to federal crimes or read about how we defend these specific charges on our wire fraud defense page.
A federal fraud investigation calls for a defense built early. Call (914) 875-2065 or contact us online to request a complimentary in-office or virtual consultation with a member of our team. Available 24/7. Hablamos español.