Intriguing federal fraud sentencing raising distinct offense and offender issues

As mentioned in class, this week we will continue to unpack the challenging question of exactly what are the essential aspects of the "offense" to be assessed and punished at sentencing, and next week we will focus on whether there are any essential aspects of the "offender" that must (or must not) be assessed and punished at sentencing.  With both topics in mind, a story of an upcoming federal fraud sentence blogged at SL&P struck me as especially interesting: You be the judge: what federal sentence for modern sheriff playing Robin Hood?.

 

Here are the basics of the offense based on press accounts:

Charge(s) of conviction: federal mail fraud, carrying a statutory range of 0 to 20 years in prison

Real conduct: "created hundreds of fake police reports [over and 18 month period] for a friend who ran a credit repair business so people could claim their identities were stolen and get out of credit."   Main victim seems to be the credit company Equifax, and there is not tangible evidence the offender received any money for his fraudulent behavior (but his friend in the credit repair business made thousands of dollars from the scheme and may have paid the offender cash for his assistance).

 

Here are the basics of the offender based on press accounts:

Characteristics at time of 2012-13 crime: Male, heavy-set, 37 years-old, sheriff of southern county.

Background: "no criminal record, ... has suffered from depression and anxiety the past four years [and] has migraines, high blood pressure and insomnia."   The now-former sheriff "was raised in a broken home, saw his mother abused by a boyfriend and left at age 17 to relieve her of financial burden [while they] resided in a poverty-stricken area."  The offender joined the county "in 1997, two years after graduating high school and rose to chief deputy, becoming sheriff in April 2010."

 

Today and for the next few classes, we will talk about offense and offender sentencing issues using this real case (rather than the fake Rob Anon case) as a focal point.  Consider and be prepared to discuss whether and how you think sentencing law could and should require (or preclude) consideration some of the facts listed above at sentencing.  Also, consider whether there are any additional facts about the offense or the offender you would like to know before sentencing.