2 ms·
I'm just reciting what commentators, like this former AUSA [0], are writing. Andrew McCarthy (linked) easily gets to the maximum offense level of 43. I'm not pr
by perihelions 3y ago
I'm just reciting what commentators, like this former AUSA [0], are writing. Andrew McCarthy (linked) easily gets to the maximum offense level of 43. I'm not pretending to know how to apply these D&D rules myself.
[edit]: And Braden Perry, a former CFTC lawyer, also agrees with the offense level of 43 [1]. They seem to do different calculations to get to that: McCarthy applies an enhancement for "organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive", while Perry finds one for "having 25 or more victims".
To be fair: they also both agree a court could deviate downwards, if they find mitigating factors. That seems to be a key variable here: how many downward adjustments can the defense convince the court to apply.
[0] https://www.nationalreview.com/2023/01/federal-sentencing-guidelines-spell-deep-trouble-for-sam-bankman-fried/ https://www.nationalreview.com/2023/01/federal-sentencing-gu... ("Federal Sentencing Guidelines Spell Deep Trouble for Sam Bankman-Fried")
[1] https://www.cnbc.com/2022/12/05/sam-bankman-fried-could-face-years-in-prison-over-ftx-meltdown.html https://www.cnbc.com/2022/12/05/sam-bankman-fried-could-face... ("Sam Bankman-Fried could face years in prison over FTX's $32 billion meltdown — if the U.S. ever gets around to arresting him")