It is impossible to render an opinion on the likely result without discussing the specifics facts of the case with your friend in a confidential setting. However, if he is convicted, his sentence will be determined based on the amount of the fraudulent refunds, his role in the conspiracy (was he an organizer or leader, manager or supervisor, or a minor or minimal participant; and whether he entered a plea of guilty and accepted responsibility for his actions or went to trial and is found guilty by a jury. Of course, there are many other factors that will be included in the determination. In state court, a typical sentence for a particular offense usually can be estimated with some degree of accuracy without knowing the particulars of the case; such is impossible in federal cases. I recommend that he discuss these issues in great detail with his retained or appointed counsel.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
As stated it is impossible to render an opinion without more information. Please call me to discuss in greater detail.
Benjamin G. Kelsen
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The charges are very serious and carry penalties that include long prison terms. The outcomes are vast but it is something that should not be handled without an attorney. There are a number of ways to handle cases with co-defendants but the quicker an attorney is retained the quicker the process can start.
It would be negligent if an attorney gave you an opinions such as that without some time to dig into the facts as they particularly relate to the specific person. It would be my guess that he has insight that this link fails to give.
More details are needed to assess your friend's situation. You or your friend can call me if you would like to discuss the specifics of the case.
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.
There is only one correct answer here, in two parts:
(a) there's no way for anyone to tell except for an attorney whom your friend has retained to represent him, an attorney who is not representing either of the other two defendants, and
(b) you should not be discussing this matter on the internet or in public anywhere, nor divulging anything your friend has said to you on the internet or in public anywhere because doing so could wreck his defense.
Finally, it should go without saying that your friend shouldn't be saying anything to anyone other than his attorney, including you because you can be forced to tell the authorities anything he's told you - unless you're his attorney or his spouse - but if you stay quiet and don't discuss anything with him further, you should be safe.
I understand that you're worried about your friend and want to help him, or at least know how bad his situation is, but you're probably just going to make things worse if you start discussing his case with strangers online. Please don't.
My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference. If you wish to consult with me please contact me at dwatchley@newyorktaxcounsel or visit my website at www.newyorktaxcounsel.com