MOSCOW, November 4 - RAPSI, Ingrid Burke. US federal prosecutors have requested 51-63 months' imprisonment for confessed Russian fraud Vladimir Zdorovenin, while Zdorovenin's defense attorney has requested 24 months, according to motions filed by each party in the past week.
Zdorovenin's sentencing date is set for December 7.
Zdorovenin was arrested in Zurich in March 2011 and extradited to New York, where he was charged - along with his son - with nine counts relating to a large-scale fraud scheme. According to the FBI, charges included: conspiracy, mail fraud, wire fraud, computer fraud, aggravated identity theft, and securities fraud. Zdorovenin pled guilty to one count of conspiracy and one count of wire fraud.
The federal sentencing guidelines serve as a set of instructions for trial judges in calculating a sentence. Both parties agree in this case that under the federal sentencing guidelines, Zdorovenin's offense level is 24, thus calling for a sentence of 51 to 63 months.
As explained by the prosecution, after considering the sentencing guidelines, judges must consider seven additional factors:
* The nature and circumstances of the offense and the defendant's history and characteristics;
* The four legitimate purposes of sentencing (in sum: just punishment for the offense, deterrence, protection of the public, and defendant reform through educational or rehabilitative means);
* The types of sentences available;
* The guidelines range;
* Any relevant Sentencing Commission policy statements;
* Avoidance of unwarranted sentencing disparities; and
* Restitution for the victims.
Where the parties disagree is with regard to the applicability of the sentencing guidelines and to the relevance of the sentencing factors to the facts of Zdorovenin's case.
Zdorovenin's defense argues that adherence to the statutory sentencing guidelines would prove inappropriate in this case, primarily because of the amount of weight accorded by the federal sentencing commission to the amount of loss sustained in fraud cases. Specifically, the defense argues first that the guidelines would yield an excessive sentence given the facts of the case, and secondly that sentencing factors outlined above militate against an application of the guidelines.
To the first point, the defense claims that a key component of the sentencing guidelines calculation was based on the amount of financial loss sustained by the victims.
To illustrate the point that other judges have refrained from imposing the statutory guidelines in fraud cases due to dissatisfaction with the weight assigned to loss amount therein, the defense quotes a judge in a prior case as criticizing, "the inordinate emphasis that the Sentencing Guidelines place in fraud cases on the amount of actual or intended financial loss." The defense argues that the loss amount should be assigned half-weight in the guidelines calculation, thus establishing a minimum of 24 months' imprisonment.
Furthermore, Zdorovenin's defense argues that a sentence within the guidelines would be repugnant to the sentencing factors, first citing Zdorovenin's age (55) and lack of any criminal record. With regard to the former, Zdorovenin's defense painted a bleak picture of life in prison for elderly inmates.
The defense further draws attention to Zdorovenin's family situation. His wife is dependent on him for assistance in taking care of their four-year-old son. His brother, a former alcoholic with a disability rendering him incapable of holding a job, is dependent on Zdorovenin as well. The defense further urged the judge to consider Zdorovenin's willingness to cooperate with authorities in the case.
Finally, the defense urged that 24 months would be an appropriate sentence in terms of deterrence, restitution, and just punishment.
Prosecutors note that it is not imperative for the judge to abide by the sentencing guidelines, it is necessary to at least consider them. The prosecution explains that, "although [the relevant case law] held that the Guidelines are no longer mandatory, it also held that the Guidelines remain in place and that district courts must 'consult' the Guidelines and 'take them into account' when sentencing."
In this case, prosecutors believe the guidelines sentence would be appropriate based on the substantial role Zdorovenin played in the fraud. Furthermore, prosecutors urge the court not to overlook the connection between punishment and deterrence, or to place too much weight on Zdorovenin's "advanced age;" explaining that at 55, the statutory guidelines can hardly be construed as a life sentence.
