What drives the number
In federal court, judges start with the sentencing guidelines, which for fraud lean heavily on the amount of loss, along with adjustments for things like the number of victims and the defendant's role. The guidelines are advisory, and judges also weigh the person's history, circumstances, and the need for a fair sentence. In New York state court, the degree of the charge, which often tracks the amount involved, sets the range, and prior convictions can change it. Many fraud cases resolve by plea, and the charge pleaded to shapes the possible sentence. Restitution is ordered in most fraud cases and is separate from any prison term or fine.
Where the loss figure gets tested
Because loss often drives the result, how it is calculated becomes a major issue at sentencing. The government's figure may include amounts that were repaid, losses caused by other people, or estimates that are not supported. In federal cases a probation officer prepares a presentence report, and the defense can object to its facts and calculations. The interview for that report deserves preparation with counsel, because what you say goes into a document the judge relies on. Supporting records, such as repayment proof, financial records, and evidence of your work and family responsibilities, help the court see more than the charge.
What can be prepared now
Mitigation work usually starts well before the sentencing date. We help gather letters from people who know you, records of treatment or community service, and documentation of employment, caregiving, or health issues. If restitution can be paid in part before sentencing, we discuss how and when. We also prepare you for what to say, or not say, at the hearing itself. No one can promise a particular fraud sentence, but a carefully prepared record gives the judge a more complete basis for the decision.
