New York Federal Embezzlement Sentencing
Common misconceptions regarding federal embezzlement include the notion that there is a possibility that the crime will be overlooked given the large amount of waste in government. It will not. The second common misconception is that prosecutors do not think that it is a big deal. The stringency of New York federal embezzlement sentencing shows that prosecutors take federal embezzlement quite seriously. If you have been charged with federal embezzlement, it is vital that you get in contact with an experienced federal defense attorney that can build your case.How Federal Sentencing Works in Embezzlement Cases
There are statutory minimums and maximums for each charge when it comes to New York federal embezzlement sentencing. The court is then obliged to refer to the United States Sentencing Guidelines to determine where the applicable sentencing range lies.
By way of example, 18 U.S.C. § 641, the embezzlement of public money has no mandatory minimum sentence, but a statutory maximum of 10 years imprisonment.What Sentencing Guidelines Exist for Embezzlement?
18 U.S.C. § 641 would refer the sentencing court to the fraud table, which is located in section 2B1.1 of the United States Sentencing Guidelines and provides a range of imprisonment based on the amount of loss in the case, anywhere from zero to six months imprisonment for a case involving very little loss and no aggravating factors, to life imprisonment if a person has an extremely large loss and multiple aggravating factors. Typically, federal sentencing in New York embezzlement cases is much harsher than in state level cases.Considerations At Play in Embezzlement Cases
There are two sentencing schemes at play – any statutory minimum and maximum, and the Sentencing Guidelines. The court is obligated to consider both. In an embezzlement case, with there is no statutory minimum and a maximum of 10, 20 or 30 years depending on the facts and charges. Then, the court must consider the fraud / loss table of section 2B1.1 of the Sentencing Guidelines – which increases the suggested range of imprisonment based on the amount of loss.Impact of Guidelines on Sentencing Zones
Also at play with an individual’s New York federal embezzlement sentencing guidelines are their sentencing zones. A person with a very low guidelines range may fall within Zone A or Zone B of the United States Sentencing Guidelines which provides for, and makes possible a sentence of straight probation instead of a term of incarceration.Effect of Loss Amount on Sentence Length
The amount of loss can affect the length of a case and frequently, the larger the loss, the longer the sentence. It is important to hire an attorney familiar with this complex sentencing scheme in order to receive the lowest possible amount of jail time if they are convicted.Evidence Used to Indicate Loss
The best evidence to mitigate the amount of loss can be either bank records or other financial records which show and dispute the government loss calculation. Frequently the government estimates the amount of loss, and is often inaccurate. The presence of solid evidence can positively impact a person’s New York federal embezzlement sentencing.Importance of Working With an Experienced Lawyer
It is important to hire the best possible lawyer when facing any federal embezzlement charge. A knowledgeable attorney will be familiar with New York federal embezzlement sentencing, and can attempt to mitigate the severity of the sentence that you face.