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Case Examples
Embezzlement
Client #1: Susan is a 40 year-old first-time offender and mother of two with a 25-year history of drug abuse. Over a four-year period, she defrauded the law firm where she worked as a secretary of over $200,000. Offense: Susan pled guilty to one count of Interstate Transportation of Securities Obtained by Fraud in violation of 21 U.S.C. § 2314. Jurisdiction: United States District Court for the District of Columbia NCIA's Recommendation: NCIA highlighted several issues in Susan's background for the Court to consider in passing sentence, such as her 25-year history of substance abuse, as well as the significant progress she had made in overcoming that addiction after her arrest. In addition, we noted the adverse effect a substantial period of incarceration would have on Susan's two young children, one of whom was learning disabled. In light of the fact that substance abuse is a prohibited grounds for departure under the Sentencing Guidelines, NCIA recommended that Susan serve a 12-month sentence in a local Bureau of Prisons-approved Community Corrections Center (CCC). Susan's designation to a CCC would allow her to continue attending her drug treatment program, as well as to maintain her job at an area restaurant. Finally, we recommended that after completion of her term of imprisonment, Susan perform 400 hours of community service at a local church. Outcome: Court adopted NCIA plan. Client #2: William was a 30 year-old first-time offender with a long-time gambling addiction. Over a one-year period, he embezzled more than $100,000 from his employers in order to cover loses he incurred while engaging in high-stakes gambling. Sensing that his embezzlement would be discovered, William surrendered himself to authorities and provided a full confession. Offense: William pled guilty to one county of Embezzlement Deemed Larceny, in violation of UCC § 18.2-111. Jurisdiction: Arlington County Circuit Court, Virginia NCIA's Recommendation: While William faced a sentence of between one and 20 years imprisonment, NCIA highlighted his pathological gambling addiction and conducted extensive research into the topic of compulsive gambling that demonstrated to the Court that he suffered from a bona fide disease, rather than a simple failure of moral judgment. Because William's offense conduct was so intimately tied with his addiction, we requested that the Court consider a suspended sentence with several conditions attached, including a six-month stay at a residential gambling addiction treatment program. After his release from that program, NCIA recommended that William serve at least six months home confinement while attending outpatient addiction counseling. Finally, in addition to providing restitution to the company he defrauded, NCIA recommended that William complete 1,000 hours of community service with Habitat for Humanity. Outcome: William was ordered to complete treatment and make restitution as conditions of probation. |