5 ms·

Running through the sentencing guidelines on the wire fraud hits 15-life real fast though. The sentence increases with the amount stolen and he stole a LOT of m

by likpok 4y ago

Running through the sentencing guidelines on the wire fraud hits 15-life real fast though. The sentence increases with the amount stolen and he stole a LOT of money (so much that the table doesn't cover it! It only goes up to $550 million).

rootusrootus 4y ago
This was said about Holmes, too. It matters what he actually ends up convicted of. Early speculation always runs high.
- tptacek 4y ago
  Not so much. Holmes guideline sentence redlined the sentencing levels too; she got a significantly lower sentence than the guidelines allowed.
  - dopamean 4y ago
    I got downvoted yesterday for implying this. Is it true that her sentencing was "right in the middle?" https://news.ycombinator.com/item?id=33963823 https://news.ycombinator.com/item?id=33963823
    - tptacek 4y ago
      I'm fuzzy on this too. Her sentence was close to what the prosecution asked for, but the prosecution also seems to have asked for something much lower than the guidelines allowed --- so did the PSR.
      - perihelions 4y ago
        That's right. Holmes' sentencing guidelines went over the top of the scale (45/43), and the prosecution recommended a variance to lower that. The guideline calculation was 80 years. - "Through this variance request, the government also acknowledges that the Holmes’ crimes were not motivated by a short-term desire for financial gain. Second, this recommended sentence satisfies the ‘sufficient but not greater than necessary’ standard found in 18 U.S.C. § 3553(a). Finally, the Court will achieve the important sentencing goal of providing adequate deterrence to criminal conduct through a 15-year custodial sentence." https://www.thedailybeast.com/theranos-founder-elizabeth-holmes-should-have-faced-a-life-sentence https://www.thedailybeast.com/theranos-founder-elizabeth-hol... (Mitchell Epner)
- shanebellone 4y ago
  If this happened before her trial, she might have walked imo.
mikeyouse 4y ago
So aside from the totaling the points on sentencing guidelines, wire fraud actually maxes at a 20-year sentence per statute, and like Elizabeth Holmes, convictions for multiple counts are usually served concurrently. SBF fucked up a bit in that wire fraud that affects financial institutions (Counts 3/4) max at 30-years. But as a first offender, it'd be highly unlikely he sees more than half of that. https://www.law.cornell.edu/uscode/text/18/1343 https://www.law.cornell.edu/uscode/text/18/1343

by likpok 4y ago

rootusrootus 4y ago

This was said about Holmes, too. It matters what he actually ends up convicted of. Early speculation always runs high.

tptacek 4y ago
Not so much. Holmes guideline sentence redlined the sentencing levels too; she got a significantly lower sentence than the guidelines allowed.
- dopamean 4y ago
  I got downvoted yesterday for implying this. Is it true that her sentencing was "right in the middle?" https://news.ycombinator.com/item?id=33963823 https://news.ycombinator.com/item?id=33963823
  - tptacek 4y ago
    I'm fuzzy on this too. Her sentence was close to what the prosecution asked for, but the prosecution also seems to have asked for something much lower than the guidelines allowed --- so did the PSR.
    - perihelions 4y ago
      That's right. Holmes' sentencing guidelines went over the top of the scale (45/43), and the prosecution recommended a variance to lower that. The guideline calculation was 80 years. - "Through this variance request, the government also acknowledges that the Holmes’ crimes were not motivated by a short-term desire for financial gain. Second, this recommended sentence satisfies the ‘sufficient but not greater than necessary’ standard found in 18 U.S.C. § 3553(a). Finally, the Court will achieve the important sentencing goal of providing adequate deterrence to criminal conduct through a 15-year custodial sentence." https://www.thedailybeast.com/theranos-founder-elizabeth-holmes-should-have-faced-a-life-sentence https://www.thedailybeast.com/theranos-founder-elizabeth-hol... (Mitchell Epner)
shanebellone 4y ago
If this happened before her trial, she might have walked imo.

mikeyouse 4y ago

So aside from the totaling the points on sentencing guidelines, wire fraud actually maxes at a 20-year sentence per statute, and like Elizabeth Holmes, convictions for multiple counts are usually served concurrently. SBF fucked up a bit in that wire fraud that affects financial institutions (Counts 3/4) max at 30-years. But as a first offender, it'd be highly unlikely he sees more than half of that. https://www.law.cornell.edu/uscode/text/18/1343 https://www.law.cornell.edu/uscode/text/18/1343