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Chicago’s Best Criminal Defense Lawyers obtain low sentence for their Defendant client in federal bank fraud prosecution

by | Mar 3, 2024 | Firm News

Chicago’s Best Criminal Defense Lawyers obtain low sentence for their Defendant client in federal bank fraud prosecution. Michael Leonard and Matthew Chivari represented their client in a multi-year federal bank fraud prosecution arising of out the purchase and sale of a dozen or so residential properties in the Chicagoland area.

The sentencing hearing in that case was held before Martha Pacold in the United States District Court for the Northern District of Illinois (Chicago) on February 29, 2024. The Government, through the United States Attorneys’ Office in Chicago, argued in their sentencing memo and during oral argument before the Court that the Defendant should be given a custodial sentence in the federal Bureua of Prisons for a term of at least 63 months. The Federal Sentencing Guidelines suggested a sentencing range between 63 and 78 months.

Attorneys Michael Leonard and Matthew Chivari argued that a sentence of, at most, 24 months was “sufficient but not greater than necessary” to fulfill all of the legitimate aims of sentencing. In so arguing, attorneys Leonard and Chivari relied upon the defendant’s acceptance of responsibility; his extraordinary family circumstances; his contrition as expressed during his heartfelt allocution; his otherwise law-abiding life; his conduct while on pre-trial release during the case; and the time period that had elapsed since the offense conduct – in addition to several other “3553 factors.”

Judge Pacold ultimately held that a 30-month sentence was appropriate, and rejected the Government’s arguments for a sentence more than twice that term.

This case once again illustrates the importance of the preparation of the Defendant’s Sentencing Memo, the preparation for the sentencing hearing itself, the preparation of the defendant by counsel to address the Court, and defense counsel’s arguments to the Court (particularly under section 3553) during the sentence hearing itself. Particularly in light of their extraordinary experience in federal sentencing hearings, the attorneys at Leonard Trial Lawyers are uniquely situated to aggressively and passionately represent federal criminal defendants in connection with their sentencing.

Michael Leonard

Matthew Chivari

Leonard Trial Lawyers

March 3, 2024