Sentencing for a Consumer Crime

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Submitted By lilma32
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Assignment 1.3.2 - Sentencing For a Consumer Crime
AC6440 - Business Crime and Ethics Behavior
Professor Dawn Taylor
Adrienne R. Daniels
20 May 2014

The defendant, David Robinson is a first time offender and has been convicted by a jury of running a sweepstakes telemarketing scam over the telephone. The con artist, acting alone, scammed 2,000 elderly victims within the United States out of $100,000 dollars. The scheme involved telling victims over the age of 55 that they would be eligible for winning a trip to Hawaii, but that they first had to pay $50 to the scammer. There was no trip and no one won.
As it relates to the violation of 18 U.S. Code § 1343 - Fraud by wire, radio, or television it states that the defendant found guilty is subject to punishment up to 30 years in prison and carries a fine up to $1,000,000. The punishment can be either one or both.
As it relates to the violation of 18 U.S. Code § 2326 - Enhanced penalties, it states that the defendant found guilty is subject to punishment up to 10 years in prison. (Legal Information Institute, n.d.)

Sentencing guidelines state the following information as listed below:

§2B1.1. Larceny, Embezzlement, and Other Forms of Theft; Offenses Involving Stolen Property; Property Damage or Destruction; Fraud and Deceit; Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States

(a) Base Offense Level:

(1) 7, if (A) the defendant was convicted of an offense referenced to this guideline; and (B) that offense of conviction has a statutory maximum term of imprisonment of 20 years or more; or

(2) 6, otherwise.

(b) Specific Offense Characteristics

(1) If the loss exceeded $5,000, increase the offense level as follows:

Loss (Apply the Greatest) Increase in Level
(A) $5,000 or…...

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