Originally posted by Gumbo Man
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Originally posted by JonBoy View PostThis is the best response.
Originally posted by OldRiverRat View Postthis is the absolute truth
Originally posted by M16 View PostInsurance fraud? All insurance is fraud.
Playing devil’s advocate here. If it’s a fraud do you have it and if so, why?
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The federal sentencing guidelines set forth the time someone is sentenced based on a complicated set of criminal history, crime (in this case dollar amount) position in the organization, acceptance of responsibility and a multiple other issues that determine the sentence.
The Pre-Sentence Investigation (PSI) report goes to the Judge who typically adheres to the recommendation. Unfortunately, judges are no longer required to follow the PSI, but generally most do.
The defense, prosecutor and judge all work together to accept a plea deal which outlines sentencing exposure. White collar crime and marijuana trafficking are the best ways to minimize sentencing exposure federally. $1.8 mil is on the low end for the sentencing guidelines. For example, a doctor in NW Arkansas pled to $12 mil fraud of medicare, he did 5.5 years of a 8 year sentence.
Congress is who determines sentencing guidelines and typically it's not an issue that is re-visited often.
It is rare for a federal defendant to be remanded immediately after sentencing. Typically, the govt has to show risk of flight and some associated factors.
Lots of pros and cons for taking someone fed v state. Fed time is roughly 80% time served, depending on the state it can range from 20% to 60-70%. A lot of jokes about Club Fed, but serve 10 years or more in a federal penitentiary and it's not a cake walk. Serve time in a fed "camp" or most state camps and its a 6 to 18 month vacation of sorts.
Texas is in the middle of time served, depends on crime, criminal history etc. The better informed LE is about sentencing and exposure can dramatically impact how a case is investigated, presented and ultimately adjudicated. Unless you have multiple defendants in a complicated conspiracy, I personally always took the state route for fraud due to the probability of increased sentencing.
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Winning
Originally posted by Man View PostOnly a 2 year inconvenience penalty at an opportunity to be a multi millionaire? No wonder so many people take the challenge.
For about 50-250 million, seems like he rolled the dice and won
And his family still owns the company and does business with the DODLast edited by S-3 Ranch; 10-12-2021, 01:28 PM.
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Originally posted by Mike D View PostPlaying devil’s advocate here. If it’s a fraud do you have it and if so, why?
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