Federal fraud charges are always very serious. There can be long-lasting and damaging impact on a person’s criminal record should they be charged and subsequently convicted. Fraud committed against the government is a felony, and someone convicted of such a charge will face difficulties procuring work in the future. Contact a Virginia federal fraud lawyer as soon as possible to mitigate negative impact on your life following a fraud charge.
PENALTIES FOR FEDERAL FRAUD OFFENSES
Federal fraud offenses in Virginia are governed by several statutes, each specifying different types of fraud and corresponding penalties. These penalties can be severe and vary depending on the nature and magnitude of the fraud, the amount of money involved, and the presence of any aggravating factors.
Mail fraud and wire Fraud: Under 18 U.S.C. § 1341 (mail fraud) and 18 U.S.C. § 1343 (Wire Fraud), individuals convicted of using the mail or electronic communications to defraud can face up to 20 years in prison. The maximum penalty increases to 30 years when the fraud involves a financial institution or a presidentially declared disaster.
Bank fraud: 18 U.S.C. § 1344 addresses bank fraud, penalizing those who knowingly execute or attempt to execute schemes to defraud financial institutions. Convictions can lead to up to 30 years of imprisonment and fines up to $1,000,000.
Health care fraud: Health care fraud, under 18 U.S.C. § 1347, involves defrauding health care benefits programs. Convictions can result in up to 10 years in prison, which may increase to 20 years if the fraud causes serious bodily injury or life imprisonment when it results in death.
Securities fraud: Securities fraud, covered under 18 U.S.C. § 1348, imposes penalties of up to 25 years in prison for those involved in defrauding investors or manipulating financial markets.
Aggravating factors and sentencing enhancements: Additional penalties may apply based on factors such as the amount of financial loss to victims, involvement of vulnerable individuals, or whether the defendant abused a position of trust. Sentencing enhancements under the U.S. Sentencing Guidelines can lead to significantly longer sentences.
Individuals facing federal fraud charges in Virginia should consult with a qualified federal fraud attorney to navigate the complexities of federal sentencing laws and ensure their rights are protected.
Important Things to Remember About Federal Sentencing
The important thing that people should know about the sentencing process is that it is a complicated one. It becomes even more complicated in cases where there are multiple counts in the indictment. It also becomes complicated when there are multiple defendants involved. It’s best in every single case that involves any federal charges to have an attorney on your side who knows exactly how to calculate sentencing guidelines, because those calculations are used to negotiate any kind of plea agreements with the government.
If the defense team is operating under a false set of assumptions with regard to what the expected sentencing guideline recommendation would be, you’re going to be operating at a severe disadvantage and you’re going to be in for a terribly bad surprise when you get to your sentencing hearing.
Fairness and Flexibility of Sentencing Procedure
Generally, the sentencing process in federal court is a fair process. The sentencing guidelines were initiated based upon a perceived empirical inconsistency that was taking place across the country. For example, a person convicted of a fraud offense in Virginia might be sentenced very differently than a person convicted of a fraud offense in any other jurisdiction, just depending on who the judge was.
As a reaction to that, the federal government instituted sentencing guidelines, which were designed to create consistency across the nation for people convicted of similar offenses. To that extent, the federal sentencing guidelines are fair and the federal government typically does a good job of staying abreast of current issues with the guidelines to adjust them as needed.
As to flexibility, they have become more flexible over the years due to a reaction by the legal community as to the way that the guidelines were initially brought into play. At the outset, the guidelines were non-discretionary, which meant that a judge would have to have significant reason to depart either upward or downward from the guideline recommendations. Back then they were not recommendations; they were a strict range of sentences. Nowadays, judges have flexibility so that if the guidelines call for incarceration at a low level, a judge might be able to be convinced that incarceration is in fact not necessary to achieve justice.
Federal judges use, in addition to the guidelines, statutory sentencing factors. Each factor must be considered by a judge to determine what a fair sentence should be. Use of the federal sentencing guidelines is just one of the many factors that a judge needs to consider when pronouncing a fair and just sentence.
