Sentencing in a week for a white collar crime

[zandra260]

Hello all,

I am pretty new here, and I'm hoping that if I explain our lengthy issue, someone can give me some insight into what to expect at sentencing, and beyond.

About three years ago my boyfriend (who I did not know at the time) was involved in some shady business practices at a bank in Florida. This occurred over a three week period, after which all of his superiors were arrested, tried, and found guilty of various crimes including embezzlement, wire fraud, etc of billions of dollars (yes, billions). At the time, my boyfriend was questioned and released, as was one other gentlemen. My boyfriend was a bank branch manager, at the time, and the lowest on the totem pole, so to speak.

Three years later, now living in New York, my boyfriend's meter runs out on a street in our town, and when he goes out to put more money in, five cop cars pull up and arrest him. He is indicted on charges related to 7 felonies (I think it was 7). Florida refuses to allow New York to take the case, although he is released on bond and allowed to remain in New York. Every time he needs to go to court, or to visit his public defender, we need to pay for plane tickets down to Florida and back. In one such visit, he took a plea for 1 count of misapplication of bank funds, concerning around 300k in damages. My boyfriend's criminal history placed him in a category of 0/1. The sentencing guidelines were around 33-40 months (I think, I can't remember exactly). His sentencing was set for April.

A few weeks before the date, we get a letter stating that the date had been moved by a few days, so we had to call the airline company and move our flights, which cost a significant amount of money. A few weeks later, the date is moved again, this time to May, and we are faced again with the decision of what to do about flights. My boyfriend decides to fly down in April, as planned, and voluntarily revoke his bond. He bases this decision on the fact that 1) it's getting too expensive to keep moving flights, 2) the back and forth has been too painful on his family and 3) he wants to start getting time served.

We fly down, and there is a hearing to determine whether or not he will be allowed to revoke bond. The judge cites various reasons why he doesn't really want to, but nevertheless he allows it, and my boyfriend is taken into custody. He's been in Marion County Jail for a little over a month now.

We have a public defender who has told us his plans to file a motion for a downward departure, based heavily on my boyfriend's long history of mental health issues (depression, bi polar disorder, etc). He was going through a difficult divorce at the time of the crime. His mother, my parents, and I all wrote letters to the judge on his behalf, citing what an important role he plays in all of our lives. In addition to this, he has (as I mentioned) absolutely no criminal history. This includes the time before the offense, and the time between the offense and being taken into custody. We are expecting a baby in 4 months (which everyone made the judge aware of), and rely on his income to support our family. The public defender said that the history of mental illness, the short period of time in which the crime occurred, the lack of criminal history, and the simplicity of the crime (i.e. he KNEW it would be able to be traced, therefore he was not thinking rationally or logically) will all affect the sentence.

My question is (and I understand this is a difficult question to answer with any certainty) do you think there will be a downward departure? If so, how much? How much is the judge allowed to depart?

Do you think the letters will help?

Do you think the judge will look favorably upon him because he voluntarily put himself in jail?

I have heard terms such as incarceration, house arrest, halfway house, probation, supervised release, restitution, and fines. I know what they all mean, but which do you think will apply?

How long do you think a sentencing hearing will last?

Finally, if the judge decides to give some combination of the terms I mentioned above, will he put it all in his sentence right then and there? For example, will he say "1 year in prison, 6 months in a halfway house, and 4 years supervised release"?

Thank you all so much for your help. I'm pregnant, hormone-ridden, and distraught. I appreciate any advice you can give. Sentencing is in a little over a week!

[fbopnomore]

I agree that there is no way to know what will happen at sentencing because his sentence is totally up to the judge. If his lawyer believes he can qualify for a downward departure, it is possible he will receive one. The judge has many sentencing options, and the sentence the judge gives is the one your BF will receive. Federal sentencing guidelines used to be mandatory, but have been changed to "advisory" by the Supreme Court, so the judge can sentence from zero to the maximum allowed by each statute he pleads guilty to (or is convicted for). That said, the vast majority of sentences given out by judges do still follow the guidelines.

Your BF's lawyer is the best source of information about what letters or testimony could help his case in front of that specific judge. The lawyer should also read every letter and decide which should be submitted to the judge.

Depending on how many people are called to testify, a sentencing hearing can take anywhere from an hour up to "who knows". Since he is already in custody, the chances are that he will be taken directly from the courtroom to a federal jail or prison to begin his sentence. He will most likely be moved numerous times before he reaches his designated prison, which could take months. This will be the most unsettled time with regard to him being able to call you. He will always receive regular mail, but it can take time to catch up with him if he has moved. As soon as you know his federal prison number XXXXX-XXX, you can deposit money to his inmate account so it will be available to him once he is permitted to use the phones, email, or shop in the commissary for things like paper, envelopes and stamps.
http://www.bop.gov/inmate_programs/money.jsp

Once you know his sentence, you will be better able to plan your own life, but remember to stay strong for your new baby. This will end.

[burntbean]

You may want to consider asking the Judge for self surrender. He may have a good chance of receiving self surrender since he voluntarily asked for his bond to be revoked.

The reason you would want to consider self surrender, is that you would receive a lower custody level score if allowed to self surrender, and that may make the difference whether or not he goes to a camp (minimum security) or is placed in low security.

[bellisq]

If he is asking for a significant departure for mental health reasons, his lawyer should have a psychological evaluation done. The Federal Defenders Office will pay for it. If he had to take anti-depression medication, getting pharmacy records to document or a letter from the doctor helps also. I've seen 15% downward departures up to literally 100% based on different factors in the history. The court usually deals with a newer version of the downward departure called a variance, but the amount of time is always up to the judge.

That was excellent and creative info about asking to self surrender. That date won't change. He needs to make sure his lawyer is up to speed on the process.

[zandra260]

Originally Posted by bellisq

If he is asking for a significant departure for mental health reasons, his lawyer should have a psychological evaluation done. The Federal Defenders Office will pay for it. If he had to take anti-depression medication, getting pharmacy records to document or a letter from the doctor helps also. I've seen 15% downward departures up to literally 100% based on different factors in the history. The court usually deals with a newer version of the downward departure called a variance, but the amount of time is always up to the judge.

That was excellent and creative info about asking to self surrender. That date won't change. He needs to make sure his lawyer is up to speed on the process.

From what I understand, his public defender has gotten a hold of all of his medical records, which would include prescription records and records of mental hospital stays. His public defender has NOT had him evaluated, although maybe this is because he's been under ongoing mental care for years now??

[bellisq]

If there are substantive records, then that should be sufficient.