32 individuals involved, damages are $600k to a power company, I have come forward and sent a letter to the investigators of admission and explanation to the scheme, i am the former employee of the power company and I have no former record of any kind. I am willing to cooperate and testify. The Federal prosecuter wants me to plea to one count of mail and wire fraud. What type of prison time is this? Is there a chance I can get this reduced to misdemeanors instead of a felony?
White Collar Crime Lawyer
It is difficult to tell you what sentence you would receive based on the federal sentecing guidelines. My best guess would be that due to the fraud loss amount being between $400,000 and $1,000,000, the guideline range would initially fall in the 30-36 month range. However, you should be able to argue for a lower sentence. I recommend you contact an attorney to assist you in this matter.
Federal Crime Lawyer
The amount of prison time you face depends on many factors, including the United States Sentencing Guidelines applicable to that type of case, the charge of conviction, your individual history and characteristics, and whether there are any other mitigating or aggravating factors (such as "minor role" or "abuse of position of trust"). You should absolutely consult with an attorney experienced in federal criminal defense. If you don't have an attorney, you should contact an attorney immediately. Your second question depends on the specific facts of your case, which, again, is something you should talk to an attorney about. Best of luck.
Legal disclaimer: This response does not create an attorney-client relationship and should not be construed as offering legal advice. It is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case.
Federal Crime Lawyer
The count of conviction and sentencing recommendations can and should be handled by a federal criminal defense attorney. There are several federal misdemeanors in the criminal code. Whether you can get the charge reduced to a misdemeanor depends on the facts of the case and your involvement in it.
I strongly suggest you contact an attorney. I am licensed in the state of Georgia and have appeared in all Georgia federal districts.
Family Law Attorney
Respectfully, it's a little crazy to be posting a question like this on a web site where a federal agent can figure out who you are coming from such a small town. (I grew up in Athens and have relatives in Dublin.) However, now that you've done it, let me say that from where you are coming from, it really sounds like you might be best off to try to work out a 5K1.1 cooperation agreement, cut a quick deal so you can qualify for a three-level downward departure, and hope that the U.S. appreciates your help. I write as a former long-time white collar federal prosecutor. Off the top of my head, I don't know if there is any "lesser-included" misdemeanor to mail or wire fraud, but maybe there is a misdemeanor false statement provision that would apply in your case.
But really, you should not worry about what I or anyone else who has never met you or studied the particularities of your case write on this website. You need to get an attorney who can represent you in person. If you don't have any money--and a good white collar criminal defense attorney is not cheap--apply to the Office of the Federal Public Defender for the Southern Judicial District of Georgia. These folks have a high level of skill, since the position is well-paid and prestigious, and many Assistant Public Defenders fight for white collar cases since they are so sick of the usual drug and firearms junk. Also, please cheer for the Dawgs and not the Seminoles, even though I know you are closer to Tallahassee than to Athens.
THIS RESPONSE DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP AND DOES NOT CONSTITUTE LEGAL ADVICE. IF YOU WISH TO OBTAIN LEGAL ADVICE UPON WHICH YOU CAN RELY, PLEASE CONTACT MY OFFICE OR THAT OF ANOTHER ATTORNEY FAMILIAR WITH THE SUBJECT MATTER OF YOUR INQUIRY.