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Federal sentencing · Guideline estimate

Healthcare Fraud Sentencing Calculator.

Medicare and Medicaid fraud sentencing estimator

18 U.S.C. § 1347 USSG §2B1.1 Stat max: 10 years
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The briefing · HEALTHCARE FRAUD SENTENCING

Guideline calculator · 18 U.S.C. § 1347 USSG §2B1.1
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Estimate only. Not legal advice. Actual sentencing depends on departures, variances, and case-specific facts.

How this charge is sentenced.

Healthcare fraud prosecutions turn on billed amounts, kickbacks, and upcoding. Medicare and Medicaid loss totals drive the guideline calculation.

What moves the number.

Program loss amounts from CMS billing records often exceed what defendants expect.

Federal judges sentence under the advisory guidelines, but the guideline range is where every case starts. Loss amounts get contested, roles get litigated, and cooperation agreements move the final number. If you are facing healthcare fraud sentencing, the consultation is free - and the earlier counsel starts, the more levers exist.

Facing healthcare fraud sentencing?

The number is not final until sentencing.

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Understanding the loss table.

Federal fraud sentencing under USSG §2B1.1 starts at base offense level 7 (or 6 for some embezzlement counts). The loss table adds up to 30 levels depending on the amount prosecutors prove by a preponderance at sentencing - often higher than what was charged in the indictment.

Loss amount Offense level increase (§2B1.1)
$6,500 or less+0
$6,500 - $15,000+2
$15,000 - $40,000+4
$40,000 - $95,000+6
$95,000 - $150,000+8
$150,000 - $250,000+10
$250,000 - $550,000+12
$550,000 - $1.5M+14
$1.5M - $3.5M+16
$3.5M - $9.5M+18
$9.5M - $25M+20
$25M - $65M+22
$65M - $150M+24
$150M - $250M+26
$250M - $550M+28
Over $550M+30

Why the guideline range is only a starting point.

After United States v. Booker, federal judges must consider the guideline range but may impose a sentence above or below it based on 18 U.S.C. §3553(a). Downward departures, substantial assistance motions under §5K1.1, and compassionate release petitions can all move the final number - but only if counsel builds the record early.

General information, not legal advice. Your facts decide everything. Skip reading - just call →

FROM THE RECORD · S.D.N.Y. & BEYOND

Acquitted.

$26M money laundering

Dismissed.

RICO · 10-year minimum faced

Six months.

$12M Ponzi · years asked

All results →

How federal sentencing unfolds.

The full process →
01 · Charge Indictment or plea Prosecutors publish a loss figure or drug quantity. That number is the opening bid - not the final word.
02 · PSR Presentence report Probation calculates offense level and criminal history. Defense counsel objects to every disputed enhancement.
03 · Sentencing Guideline range + variance The judge starts with the guideline range, then considers §3553(a) factors. Mitigation built early moves the final number.

FAQ · HEALTHCARE FRAUD SENTENCING

01 How does the Healthcare Fraud Sentencing sentencing calculator work?
Enter your criminal history category, the loss amount or drug quantity prosecutors attribute to you, and any role or acceptance adjustments. The tool applies the USSG sentencing table and offense-specific guidelines to estimate your advisory range in months.
02 Is the statutory maximum the sentence I will receive for Healthcare Fraud Sentencing?
Almost never. The statutory maximum is a ceiling. Most federal sentences are driven by the guideline range, which is calculated from offense level and criminal history - not the maximum printed in the statute.
03 What loss amount does the government use at sentencing?
Prosecutors typically argue for intended loss, not just actual loss - meaning you can be sentenced based on money that was never successfully taken. Every dollar in the loss calculation can push you across a guideline cliff.
04 Can my guideline range go below a mandatory minimum?
Only in limited circumstances such as substantial assistance under §5K1.1 or, in some drug cases, safety valve under 18 U.S.C. §3553(f). Your attorney must qualify you for those provisions.
05 What collateral consequences follow a Healthcare Fraud Sentencing conviction?
Healthcare fraud convictions frequently end clinical careers and trigger parallel civil and administrative enforcement. Common examples include: Medicare and Medicaid exclusion - OIG exclusion from federal healthcare programs can last years or permanently bar billing. State professional licenses - physicians, nurses, pharmacists, and administrators face medical board suspension or revocation. DEA registration - controlled substance prescribing privileges are commonly surrendered or revoked after diversion-related convictions. For providers, the exclusion order and license loss are often more damaging than the guideline range - early counsel can sometimes preserve licensing through charge selection.
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FROM THE RECORD

Acquittal

$26M money laundering

Dismissed

RICO · 10-year mandatory minimum

6 months

$12M Ponzi · prosecutors asked for years
Todd A. Spodek, Managing Partner

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Todd A. Spodek is a second-generation trial lawyer whose defense of Anna Delvey became Netflix's Inventing Anna. Six months on a $12M Ponzi case when prosecutors pushed for years - that is what guidelines work looks like in practice.

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Answered within 24 hours, guaranteed. The guideline is the starting point - counsel moves it. Some stories are better told out loud.

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