US ATTORNEY SWINGS INTO ACTION

UPDATE: Set your DVRs tonight, PBS (channel 2 for most of us) 10:00 pm: The Definition of Insanity- a PBS documentary on mental health and the justice system, featuring of course our own Judge Leifman - who has been a Churchillian hero/leader in the field of how the law treats mental health. 

This was for immediate release. Not delayed release. Or even a chill-release. Nope, this release is out there as soon as released. 
See below for the guideline calculation. 

FOR IMMEDIATE RELEASE

Monday, April 13, 2020

U.S. Attorney Ariana Fajardo Orshan Launches Task Force to Investigate and Prosecute COVID-19 Fraud

MIAMI, Fl. -- In response to the increasing threat of fraud related to the COVID-19 (Coronavirus) pandemic, U.S. Attorney Ariana Fajardo Orshan announced today that federal, state, and local law enforcement agencies have joined forces to form the Southern District of Florida COVID-19 Task Force. Led by the U.S. Attorney’s Office, the Task Force’s mission is to identify, investigate, and aggressively prosecute fraud in South Florida related to COVID-19.  

While the Task Force will review and investigate all credible leads of COVID-19 fraud, it will focus on complaints of hoarding and price gouging of critical medical supplies and on schemes designed to exploit vulnerable populations, including the elderly. The Task Force also will prioritize schemes that have the potential to endanger public health and safety.

Yes your US attorney is busy keeping people in FDC during a pandemic and investigating fraud. 
Because we are a full-service blog, we provide you with  our exclusive  early access for the new Covid-19 fraud guidelines. 

As all good federal fraud practitioners know, fraud guidelines are calculated under USSG 2B1.1 (USSG= Understand, Sentencing Sucks- Goodbye). 

Here are the new additions: 
1) Base offense level 7 if the crime has a statutory maximum of twenty years or more; 
otherwise:
2) Level 6; or 
3) For Pandemic fraud cases, multiply the number of the virus and subtract ten to calculate the base offense level. 
Application note for calculating Pandemic Base Offense Level: For example, if the Offense was a Covid-19 fraud 19x2=38-10=28 base offense level. For Pandemics without a number, apply Covid-19. 

Loss- Apply the greatest 
1) Amount of fraud billed or sought; 2) Amount of payments received; 3) Loss of the US stock markets valuations for March 2020. 
Application Note: If the loss amount sought was twenty thousand dollars, the loss amount received was ten thousand dollars, then apply subsection 3) with the companies on the US Stock Markets losing over three trillion dollars in valuation in March, 2020. For future pandemics apply either subsections 1,2,or 3, or the stock market loss during the month of the pandemic if it exceeds three trillion dollars. 

SOPHISTICATED MEANS:
If a Computer was used to perpetrate the fraud apply a ten level increase for sophisticated means during a pandemic. If sophisticated means were not used, increase by six levels for being too stupid to use sophisticated means. 
Application note: It is anticipated that every defendant will receive a sophisticated means enhancement one way or the other. 

If the defendant had a cell phone, apply a four level increase for possession and use of a cell phone during a pandemic. 

If the defendant ate a meal during the time period of the pandemic, apply a two level increase for dining during a pandemic. 

ROLE IN THE OFFENSE: 
If the defendant was a leader or an organizer during a pandemic, add four points. 
If the defendant had a minor or no role but the offense occurred during a pandemic, add three points. 
Application Note: In the extraordinarily unlikely event the defendant is acquitted of some or all of the conduct, three points should still be added for the acquitted conduct (not) occurring during a pandemic. 

Calculation: Life 
Application Note: The Pandemic guidelines are designed to reflect the vagaries of the potential conduct and loss for fraud that could occur with the outcome always being life in prison because the conduct occurred during a Pandemic and the "how could you stoop so low?" theory of punishment is applicable in these cases. 
Application Note: For those judges who issue a sentence below the guidelines, the clerk is required to send a transcript of the sentencing to: The House Committee On Impeachments, US House of Representatives, Room B-200, Washington, DC.