Fraud, Embezzlement, Bad Checks Plea deal on 9 count indictment...annoyed!

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hopeless2010

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So I'm formally charged with 9 counts in federal court...all economic, no drugs, no guns, no murder.

I'm offered a plea deal that the prosecution thinks is a "fair" deal but I don't agree. First of all, I refuse to plead guilty to taking more than $200k when there's no way on this planet that I took that much $...just no way! Plus they want me to pay full restitution of all monies.

So taking this deal, serving 2 years in federal prison, getting released and having to pay back all that money is insanity! I say if you want me to plead guilty to taking any $ then get the number right. If you want restitution then I'm not going to prison, if I go to prison then I'm not paying restitution.

For those of you familiar with white collar crime, am I asking too much here? I'm fighting for my life!

Any advice?
 
So I'm formally charged with 9 counts in federal court...all economic, no drugs, no guns, no murder.

I'm offered a plea deal that the prosecution thinks is a "fair" deal but I don't agree. First of all, I refuse to plead guilty to taking more than $200k when there's no way on this planet that I took that much $...just no way! Plus they want me to pay full restitution of all monies.

So taking this deal, serving 2 years in federal prison, getting released and having to pay back all that money is insanity! I say if you want me to plead guilty to taking any $ then get the number right. If you want restitution then I'm not going to prison, if I go to prison then I'm not paying restitution.

For those of you familiar with white collar crime, am I asking too much here? I'm fighting for my life!

Any advice?


Based on you post I would "guess" you ARE guilty of 'something". Please tell us how much money you actually stole so that we can advise you if the deal is worth your while.

Thanks.
 
hopeless2010 said:
So I'm formally charged with 9 counts in federal court...all economic, no drugs, no guns, no murder.

I'm offered a plea deal that the prosecution thinks is a "fair" deal but I don't agree. First of all, I refuse to plead guilty to taking more than $200k when there's no way on this planet that I took that much $...just no way! Plus they want me to pay full restitution of all monies.

So taking this deal, serving 2 years in federal prison, getting released and having to pay back all that money is insanity! I say if you want me to plead guilty to taking any $ then get the number right. If you want restitution then I'm not going to prison, if I go to prison then I'm not paying restitution.

For those of you familiar with white collar crime, am I asking too much here? I'm fighting for my life!

Any advice?


You are innocent, until and unless proven guilty. Up until this point, the government hasn't proven anything.

But, I don't think you meant to say you didn't "take that much $, no way". I'm going to complete your thought for you, "take that much $, no way I never took so much as a penny, that wasn't mine"! See, now I can help you. Hopefully, you haven't boxed your defense counsel in by admitting to anything.

Federal sentences are taken from the manual for sentencing. There is formula, and the sentence is derived from the formula. What has your attorney told you about his/her calculations, regarding your sentence?

Federal Judges can now vary from those guidelines. They often choose not to do so. Rather, they follow the guidelines.

What I need is exactly what you've been charged with by some overzealous federal attorney. You can give me the case number, or list all the charges.

Do you have any priors? Were you previously incarcerated? Do you have any felony convictions? How long ago was the last conviction? Do you have any federal priors? How old are you? What's your highest level of education? Give me that, I'll give you an guestimate. Be advised, federal persecutors always ask for prison time.

You gotta be smart enough to know your options. You can't get anymore by going to trial. But, you get a little less for accepting responsibility, effectively, "ratting yourself out"!!!

One more thing, don't worry about restitution, yet. You'll only have to pay that if you get convicted and the victim(s) ask for it. Federal persecutors always try to slip that in, but smart defense attorneys always catch it. If the victim(s) don't ask for restitution, the federal persecutor can't get it, unless you are dumb enough to agree to it.

See, that advice alone is priceless. AJ's rule number one when defending in federal court, "I don't make deals with terrorist persecutors!"
 
This is me in a nut shell...

1) No prior arrests
2) No convictions
3) No felonies
4) 35 years old
5) Some college (2yrs)
6) Mother of 2
7) Wife of 1
8) Been sole provider for 7+ years
9) Prison, being in trouble w/ the law is not a way of life for me.

Nine counts that include wire fraud, mail fraud, and bank fraud. They want me to plead guilty to 1 count of wire fraud and 1 count of bank fraud. You already know the $ amount they slapped on me. They gave me me 3 points off for "cooperation" and I still sit at 18 points.

Whatcha think? Or do you need more?
 
I must add that this whole thing stems from a civil lawsuit I filed against my previous employer. The $ amount is their counter claim. We dismissed the civil suit per my request and the next thing you know I have federal agents knocking on my door a month later.

Makes me wonder.
 
This is me in a nut shell...

1) No prior arrests
2) No convictions
3) No felonies
4) 35 years old
5) Some college (2yrs)
6) Mother of 2
7) Wife of 1
8) Been sole provider for 7+ years
9) Prison, being in trouble w/ the law is not a way of life for me.

Nine counts that include wire fraud, mail fraud, and bank fraud. They want me to plead guilty to 1 count of wire fraud and 1 count of bank fraud. You already know the $ amount they slapped on me. They gave me me 3 points off for "cooperation" and I still sit at 18 points.

Whatcha think? Or do you need more?

Hmmm, 18 points (2 counts, acceptance of responsibility) is within the federal sentencing guidelines for probation. (Zone A, Level 4, History I, Fine = $250 - $5,000). (Range: 0-6). That's probation eligible, or 6 months house arrest and 12-18 months probation.

I don't get the prison.

I've had them ask for 90 days, but usually the judge turns that down, espcially for a person with NO priors.

What does your lawyer say?

Is the victim wanting them to screw you?

Or, has the victim-crook-thief BIG BANK slithered away, fearing bad publicity?





Here's a calculator you can use.

http://www.sentencing.us/

http://www.jailguide.com/federalsentencing.php

http://www.blurbwire.com/topics/Federal_Sentencing_Guidelines
 
Hmmm, 18 points (2 counts, acceptance of responsibility) is within the federal sentencing guidelines for probation. (Zone A, Level 4, History I, Fine = $250 - $5,000). (Range: 0-6). That's probation eligible, or 6 months house arrest and 12-18 months probation.

I don't get the prison.

I've had them ask for 90 days, but usually the judge turns that down, espcially for a person with NO priors.

What does your lawyer say?

Is the victim wanting them to screw you?

Or, has the victim-crook-thief BIG BANK slithered away, fearing bad publicity?



I'm in zone D not zone A, that's the difference. It's the $ amount that adds all the additional points. Thanks for the links!

Yeah, the company that made their initial complaint has disappeared or maybe not...I don't really know.
 
18 points (2 counts, acceptance of responsibility) is within the federal sentencing guidelines for probation. (Zone A, Level 4, History I, Fine = $250 - $5,000). (Range: 0-6). That's probation eligible, or 6 months house arrest and 12-18 months probation.

I don't get the prison.

I've had them ask for 90 days, but usually the judge turns that down, espcially for a person with NO priors.

What does your lawyer say?

Is the victim wanting them to screw you?

Or, has the victim-crook-thief BIG BANK slithered away, fearing bad publicity?



I'm in zone D not zone A, that's the difference. It's the $ amount that adds all the additional points. Thanks for the links!

Yeah, the company that made their initial complaint has disappeared or maybe not...I don't really know.



[/bold] I forgot to factor in the alleged $200k.
That does make a difference.
Keep asking for probation, don't be bullied.
Unlike state court, a jury trial won't hurt you.
In fact, the jury could show sympathy towards a working mom, being exploited and bullied by big moneyed interests and the government.

What is your lawyer saying?
He/she knows more than he/she can say.
See if you can him/her to open up to you.[/b]
 
Federal Indictment - 9 Counts (Scared!)

--------------------------------------------------------------------------------

Jurisdiction/Place: USA - Illinois

I was initially picked up by USPS Investigators (Federal Agents) on July 16, 2010. Why USPS Investigators? The fraud investigator from BoA is friends with one of them...how convenient!

The initial charge was Bank Fraud in the amount of $3,040 (three thousand forty dollars). I sat in maximum security federal prison for 6 nights, 7 days until I finally made bond. Today I find out that they received the indictment with an additional 8 counts. i.e. Wire Fraud, Mail Fraud, Forgery, Bad Checks, etc.

All of the money they allege that I took was under $10k. I have my arraignment on 8/19 in which we plan to plead not guilty on all counts but my big concern is PRISON TIME.

Probation, restitution + fine...whatever they want but I can't do prison time. I have 2 girls that are 4 & 5 years old and they can't be without a Mother.

Given the charges and the actual dollar amount what is the likelihood I can get probation?

Any advice is greatly appreciated.

This was your original question a month or so ago. So where did all of the extra money they say you took come from then to now:eek:?sounds like someone has it in for you.
 
Federal Indictment - 9 Counts (Scared!)

--------------------------------------------------------------------------------

Jurisdiction/Place: USA - Illinois

I was initially picked up by USPS Investigators (Federal Agents) on July 16, 2010. Why USPS Investigators? The fraud investigator from BoA is friends with one of them...how convenient!

The initial charge was Bank Fraud in the amount of $3,040 (three thousand forty dollars). I sat in maximum security federal prison for 6 nights, 7 days until I finally made bond. Today I find out that they received the indictment with an additional 8 counts. i.e. Wire Fraud, Mail Fraud, Forgery, Bad Checks, etc.

All of the money they allege that I took was under $10k. I have my arraignment on 8/19 in which we plan to plead not guilty on all counts but my big concern is PRISON TIME.

Probation, restitution + fine...whatever they want but I can't do prison time. I have 2 girls that are 4 & 5 years old and they can't be without a Mother.

Given the charges and the actual dollar amount what is the likelihood I can get probation?

Any advice is greatly appreciated.

This was your original question a month or so ago. So where did all of the extra money they say you took come from then to now:eek:?sounds like someone has it in for you.


The complaint came from a bank that I wrote a bad check, once they got their indictment I saw that they included the fraud from my previous employer stemming from a civil suit. I had no idea that this would be part of my overall charges especially since nothing was proven. The federal agents got involved from the civil suit initially but it's when the fraud investigator from the bank went to his good buddy who happened to be the SAME USPS Investigator that was looking at the complaint from the civil suit. That seems coincidental doesn't it? Perhaps legit but still. I've been told that USPS Investigators are way more aggressive than say the FBI.

So here I am because of "friendships"... Perhaps my bad luck that people know each other?
 
18 points (2 counts, acceptance of responsibility) is within the federal sentencing guidelines for probation. (Zone A, Level 4, History I, Fine = $250 - $5,000). (Range: 0-6). That's probation eligible, or 6 months house arrest and 12-18 months probation.

I don't get the prison.

I've had them ask for 90 days, but usually the judge turns that down, espcially for a person with NO priors.

What does your lawyer say?

Is the victim wanting them to screw you?

Or, has the victim-crook-thief BIG BANK slithered away, fearing bad publicity?



I'm in zone D not zone A, that's the difference. It's the $ amount that adds all the additional points. Thanks for the links!

Yeah, the company that made their initial complaint has disappeared or maybe not...I don't really know.



[/bold] I forgot to factor in the alleged $200k.
That does make a difference.
Keep asking for probation, don't be bullied.
Unlike state court, a jury trial won't hurt you.
In fact, the jury could show sympathy towards a working mom, being exploited and bullied by big moneyed interests and the government.

What is your lawyer saying?
He/she knows more than he/she can say.
See if you can him/her to open up to you.[/b]


Army Judge - I'm zone C, not zone D...I was wrong. With "D" there's only straight prison time, no deviation allowed. In "C" I could possibly get home detention, furlough, etc. Right?
 
hopeless2010 said:
Army Judge - I'm zone C, not zone D...I was wrong. With "D" there's only straight prison time, no deviation allowed. In "C" I could possibly get home detention, furlough, etc. Right?


That's what I thought.

The judge has great discretion and latitude in sentencing today. It hadn't always been that way.

Your attorney has to paint a picture of you as remorseful, contrite, sincere, respectful, and you have to accept and admit to responsibility.

In cases such as yours, I get the US attorney to make no recommendation as to sentencing in the plea deal. I then argue for probation at sentencing hearing. The Feds don't usually like to incarcerate for anything less than 18-24 months. Otherwise, it's probation.

But, every district is different. I know very little about yours. I do know "C" and no priors is 95% probation, absent violence. Your case and facts scream for probation. Talk to your lawyer.

Remember, you can always fire your lawyer and ask the court to appoint a new one. The USA will hate that. But, it often helps you.
 
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