Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for this helpful response. Could you clarify how the sentences for these crimes would run if the accused is found guilty on these 5 counts, for example if the maximum penalties were imposed, would the jail-time portions of sentences run successively -- i.e. 7 years + 7 years + 24 mos. + 24 mos. + 24 mos = 20 years? Or would one or more run concurrently such that the convicted could serve as little as 8 months for all 5 counts? I'm looking for the minimum to maximum range of time that the accused, if convicted, would have to serve in jail. Furthermore, would you respond to the latter half of my original question, i.e. "What kinds of fraud scams might usually be associated with charges of this kind? I have the case number XXXXX am looking to get the details of the charges before this goes to court. Is that obtainable through public records? If so, how?" As additional detail, the accused has made strong religious overtures to a member of my family and I'm sensing the prior crimes he is accused of committing could have leveraged religion as a front to commit fraud. A financial institution is involved so I'm trying to get the exact details of the charges now through whatever public records might be available.
The conspiracy charge and the financial fraud charge would run concurrently. Mail fraud could run separately. . In most cases they will offer a plea bargain and reduce the overall time.
If convicted you would serve time in prison. If tried in a Federal Court I believe you are looking at 8-24 months depending on the actual amount taken. Your lawyer may be able to strike a better deal. I have seen instances where individuals have defrauded companies of 10 times the amount and only received 4 years.
In that these question and answer postings are in the public domain, I must correct your written assumption that -- since I asked the question -- I must be the one charged. You reference 'my lawyer' even. No. I am not the one charged and I do not have counsel retained in this matter as none is needed. As I wrote in my first reply, someone else has been charged with these felony offenses and I am trying to investigate more about what the individual actually did or is charged with having done. They have made overtures of a religious and compelling nature to a gullible member of my family who I fear may become their next dupe in a follow-on fraud scheme. That's why I asked what scams are typically associated with charges of this kind and if religion is frequently the front used to commit these crimes of fraud. For the 3rd time, would you be so kind as to answer or even just opine on that portion of my question if you have the experience as counsel to give such opinion or assessment. And where could I find the details behind the charges that are scheduled to go to court in one month?
Fraud is determined by knowingly taking money or other benefit through deception or deceit. When the deception or deceit occurs involving a financial institution such as a bank, or insurance company the result isa charge of Financial Institution Fraud .
All individuals participating in the planning of the crime are co-conspirators and subject to the conspiracy charge..
Mail fraud is found when the deceit occurs through the use of the U.S. mail. For example sending bills, or soliciting funds through the mail.
With repeat to the pronoun you, that does not refer to you individual but to you the third party affected. I suppose it would have been more concise using the word they. I try to make my responses more along the lines I am talking to the group of people impacted.