Is Federal Sentence Enhanced For Exec’s Theft from Charity?
Seventh Circuit remands case to trial court to decide how to interpret federal sentencing guidelines
Should the federal criminal sentencing guideline be used to add an extra eight to ten months in prison for the executive director of a charity who embezzled about $150,000 from the agency when the guideline says a two-level enhancement should be applied when the offence involves “a misrepresentation that the defendant was acting on behalf of a charitable” organization? A federal District Court in Illinois said it should be applied. The Seventh Circuit Court of Appeals has said not so fast. The executive director of a charitable organization pleaded guilty to wire fraud and was sentenced to 42 months in prison, plus a fine, restitution and a year’s supervised release. He had raised $1.1...
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