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Case Examples
Bank Fraud

Overview: Sam was a 54-year-old real estate developer and former state politician with a long history of good work in the community. From January 1986 until May 1992, he and others conspired to defraud a savings and loan via check kiting and nominee loan schemes. Federal Sentencing Guidelines calculations by the government called for a sentence range of 18 to 24 months imprisonment.

Offense(s): Sam pled guilty to a single count charging him with conspiracy in violation of 18 USC § 371.

Jurisdiction: United States District Court for the District of South Carolina [United States v. Ravenel, Docket No. 2:95-879].

Prosecutor's Recommendation: The United States Attorney's Office strongly recommended that no downward departure be given and that Sam receive the high-end of the guidelines (24 months).

Probation Department Recommendation: Sentence within Guideline range.

NCIA's Recommendation: NCIA provided the Court with detailed information on mitigating circumstances surrounding Sam's offense conduct, his background and character, and his extraordinary community service. On this basis, NCIA recommended a downward departure to an offense level of 11 (8 to 14 months).

Outcome: The Court departed downward to an offense level of 11 and sentenced Sam to 11_ months of imprisonment. According to Sam and his counsel, it was the additional technical support from NCIA that made the difference in the Court's departure. He wrote to us later, stating, "I want to thank you for the extraordinary service you performed for me in my sentencing preparation. The result of all of this was that I got a reduced sentence before a judge who had never downwardly departed in his 25 years on the bench, and in the face of a government request for a sentence of 24 months."

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