Running through the sentencing guidelines on the wire fraud hits 15-life real fast though. The sentence increases with the amount stolen and he stole a LOT of money (so much that the table doesn't cover it! It only goes up to $550 million).
So aside from the totaling the points on sentencing guidelines, wire fraud actually maxes at a 20-year sentence per statute, and like Elizabeth Holmes, convictions for multiple counts are usually served concurrently. SBF fucked up a bit in that wire fraud that affects financial institutions (Counts 3/4) max at 30-years. But as a first offender, it'd be highly unlikely he sees more than half of that.
I'm fuzzy on this too. Her sentence was close to what the prosecution asked for, but the prosecution also seems to have asked for something much lower than the guidelines allowed --- so did the PSR.
That's right. Holmes' sentencing guidelines went over the top of the scale (45/43), and the prosecution recommended a variance to lower that. The guideline calculation was 80 years.
- "Through this variance request, the government also acknowledges that the Holmes’ crimes were not motivated by a short-term desire for financial gain. Second, this recommended sentence satisfies the ‘sufficient but not greater than necessary’ standard found in 18 U.S.C. § 3553(a). Finally, the Court will achieve the important sentencing goal of providing adequate deterrence to criminal conduct through a 15-year custodial sentence."
