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We are an elite criminal defense law firm, that emphasizes providing the best service and professionalism to all clients. We service a curated clientele nationwide – that expect the best from their lawyer. We handle tough criminal defense and legal situations that require deep knowledge, experience, dedication, and excellence in order to win. We have over 50 years of combined experience, handling national and international cases.

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We 100's of 5 star reviews, and have been featured in the media. We are a premier law firm who understands how to win cases.

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The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.

 



How Do the Federal Sentencing Guidelines Work in Fraud Cases?

The federal sentencing guidelines for fraud provide for serious penalties, including potential prison time. If you are facing any type of federal fraud charges, you should consult with an experienced criminal defense lawyer who practices in both state and federal court. This can help you determine what you might be facing and the most appropriate defense strategy to take. You need to understand how federal sentencing in fraud cases works.

What is federal fraud?

Federal fraud includes many different types of white collar crimes, including the following:

  • Mail fraud
  • Internet fraud
  • Government procurement fraud
  • Health care fraud
  • Tax fraud
  • Insurance fraud
  • Securities fraud
  • Embezzlement
  • Credit card fraud
  • Mortgage fraud
  • Wire fraud

While each of these offenses has unique elements, all types of fraud cases have similarities. Essentially, federal fraud cases include allegations that a defendant participated in a fraudulent scheme or made misrepresentations to secure something of value through deceit. Regardless of which type of federal fraud charge you are facing, the prosecutor must meet the burden of proof to prove your guilt beyond a reasonable doubt before you can be convicted. You might be able to successfully defend against fraud allegations and the significant penalties you might otherwise face.

Federal fraud sentencing guidelines

Since most financial crimes are similar to each other, most fall under the United States Sentencing Guidelines §2B1.1. These sentencing guidelines are fairly complex, and certain offenses might also have other, specific guidelines that apply, including forgery, counterfeit instruments, stolen property, embezzlement, and other types of theft.

Courts use a points system to determine the penalty range for crimes covered by §2b1.1. The points system includes several factors that are used to calculate points.

All federal crimes are assessed base points. For fraud, around six or seven points will be counted as the base points. Seven base points are assessed for crimes referenced in the guideline that carry a statutory maximum prison sentence of 20 years, and six points are assessed otherwise. Next, the court calculates the loss. The loss calculation includes the intended or actual loss, whichever is greater. Points are higher for greater losses. A loss table is included in §2b1.1(B) with increases in levels for loss amounts above $6,500 as follows:

  • Loss of $6,501 to $15,000 – Two levels added
  • Loss of $15,001 to $40,000 – Four levels added
  • Loss of $40,001 to $95,000 – Six levels added
  • Loss of $95,001 to $150,000 – Eight levels added
  • Loss of $150,001 to $250,000 – 10 levels added
  • Loss of $250,001 to $550,000 – 12 levels added
  • Loss of $550,001 to $1,500,000 – 14 levels added
  • Loss of $1,500,001 to $3,500,000 – 16 levels added
  • Loss of $3,500,001 to $9,500,000 – 18 levels added
  • Loss of $9,500,001 to $25,000,000 – 20 levels added
  • Loss of $25,000,001 to $65,000,000 – 22 levels added
  • Loss of $65,000,0001 to $150,000,000 – 24 levels added
  • Loss of $150,000,001 to $250,000,000 – 28 levels added
  • Loss of more than $550,000,000 – 30 levels added

For example, a case with losses assessed at an increase of eight levels could result in an increased range from 15 to 20 months.

The sentencing court will then consider any aggravating or mitigating factors to determine whether to enhance the sentence or lower it. Some aggravating factors include such things as abuse of a position of trust, using mass marketing schemes, having multiple victims or vulnerable victims, using minors to commit the offense, and being the leader of a fraud scheme. These types of aggravating factors can result in a longer sentence when they are present.

Mitigating factors can help to bring a potentially long sentence to something more reasonable. For example, people who only played minor roles and have accepted responsibility might receive mitigated penalties.

Once these steps have been completed, the court will add up all of the points to determine the offense level. The court will then consider the defendant’s criminal record to determine the appropriate range under the federal sentencing guidelines. Courts can depart from a guideline range, but a federal fraud conviction can still carry a long prison sentence.

Consult with an experienced federal crimes attorney

If you have been indicted for a federal fraud crime, you need to understand the importance of getting help from an experienced criminal defense attorney who practices in federal court. The federal court system has significant differences from state criminal court. If you are convicted of a federal fraud crime, you could face a much longer sentence than you might for the same offense under state law.

It is likewise important to retain an experienced federal criminal defense lawyer if you have learned that you are being investigated for a federal fraud crime but have not yet been charged. In some cases, a good defense lawyer might be able to negotiate with the federal prosecutor to secure an agreement not to pursue an indictment. Your defense attorney can help to identify potential issues in the government’s case against you and work to build the strongest possible defense strategy. Contact us today to schedule a confidential consultation.


Charle Butler
Charle Butler
2021-03-12
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.



Hear From Our Clients

"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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