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If someone robs your house and steals your things, The police arrest the burglar and get your stuff back, does that mean the burglar should go free or get a red

If someone robs your house and steals your things, The police arrest the burglar and get your stuff back, does that mean the burglar should go free or get a reduced sentence? NO. THE ANSWER IS NO.

moralestapia 2y ago
That's a different crime, so your reasoning does not apply. It my understanding (I could be wrong) that on financial crimes it does make a difference if you make the victims whole or not. No idea if it also applies somehow after the ruling, hence why I asked on this forum for intelligent discourse. Sorry if that bothers you, though.
- jamil7 2y ago
  I think the original poster was aware that it’s a different crime and was attempting to simplify the concept so you were able to grasp it a little easier.
  - moralestapia 2y ago
    I appreciate the generosity, but I feel it needs to be simplified even more so you and GP are able to grasp it as well. Breaking and entering is a crime on its own, while most financial crimes are non-violent by nature; a whole different set of rules apply. Burglary is also different from fraud. Read about it, I can recommend a dictionary.
    - phone8675309 2y ago
      That's why B&E is charged differently depending on if there were occupants in the house or not. If not, the person doing the B&E gets a lighter sentence, but they still get punished.
- lesuorac 2y ago
  They're not really being made whole. > Depending on the type of claim they hold in the case, some creditors could recover as much as 142% of what they are owed. The vast majority of customers, however, will likely get 118% of what they had on the FTX platform the day the company entered Chapter 11 bankruptcy. If you had 2 bitcoins worth say 16k each in FTX; FTX is able to give you back 32k which is the value of your bitcoin at the time. (~Nov '22). But it's not giving you back 2 bitcoins (120k; presently). Same with if you had Solana which was $13 (~Nov '22) but is now $148.
  - s1artibartfast 2y ago
    Sure, I agree they are not made whole, but magnitude of financial damage is absolutely a factor in sentencing.
- Marsymars 2y ago
  What's the difference between stealing $100 in cash versus stealing $100 from someone's digital account?
- throw_fincrim 2y ago
  Using a throwaway for obvious reasons... As someone who has been convicted of a financial crime (theft of funds from an association account due in part to a gambling addiction). The key word in your statement is "YOU". My sentence/deal involved restitution from my own funds. If I'd taken some of the money I took and put it into crypto, that would be -used- to make my victims whole, but it wouldn't be considered me making recompense, because the money I put into crypto would have been ill-gotten, and as such any gains were not mine to give. That very much made a difference to the discussions between my attorney and the prosecutor.
  - moralestapia 2y ago
    Whoa, thanks a lot for coming here, I do appreciate your input on this.

If someone robs your house and steals your things, The police arrest the burglar and get your stuff back, does that mean the burglar should go free or get a reduced sentence? NO. THE ANSWER IS NO.

moralestapia 2y ago

That's a different crime, so your reasoning does not apply. It my understanding (I could be wrong) that on financial crimes it does make a difference if you make the victims whole or not. No idea if it also applies somehow after the ruling, hence why I asked on this forum for intelligent discourse. Sorry if that bothers you, though.

jamil7 2y ago
I think the original poster was aware that it’s a different crime and was attempting to simplify the concept so you were able to grasp it a little easier.
- moralestapia 2y ago
  I appreciate the generosity, but I feel it needs to be simplified even more so you and GP are able to grasp it as well. Breaking and entering is a crime on its own, while most financial crimes are non-violent by nature; a whole different set of rules apply. Burglary is also different from fraud. Read about it, I can recommend a dictionary.
  - phone8675309 2y ago
    That's why B&E is charged differently depending on if there were occupants in the house or not. If not, the person doing the B&E gets a lighter sentence, but they still get punished.
lesuorac 2y ago
They're not really being made whole. > Depending on the type of claim they hold in the case, some creditors could recover as much as 142% of what they are owed. The vast majority of customers, however, will likely get 118% of what they had on the FTX platform the day the company entered Chapter 11 bankruptcy. If you had 2 bitcoins worth say 16k each in FTX; FTX is able to give you back 32k which is the value of your bitcoin at the time. (~Nov '22). But it's not giving you back 2 bitcoins (120k; presently). Same with if you had Solana which was $13 (~Nov '22) but is now $148.
- s1artibartfast 2y ago
  Sure, I agree they are not made whole, but magnitude of financial damage is absolutely a factor in sentencing.
Marsymars 2y ago
What's the difference between stealing $100 in cash versus stealing $100 from someone's digital account?
throw_fincrim 2y ago
Using a throwaway for obvious reasons... As someone who has been convicted of a financial crime (theft of funds from an association account due in part to a gambling addiction). The key word in your statement is "YOU". My sentence/deal involved restitution from my own funds. If I'd taken some of the money I took and put it into crypto, that would be -used- to make my victims whole, but it wouldn't be considered me making recompense, because the money I put into crypto would have been ill-gotten, and as such any gains were not mine to give. That very much made a difference to the discussions between my attorney and the prosecutor.
- moralestapia 2y ago
  Whoa, thanks a lot for coming here, I do appreciate your input on this.