Counts: 18 USC § 1344, 1349 Conspiracy to Commit Bank Fraud, 18 USC §§ 1014 and 2 Loan and Credit Application Fraud
District Judge: Merryday
Sentencing Guidelines: 37 – 46 months imprisonment
Mandatory Minimum: None.
Sentencing Advocacy: Probation
Almost ten years after commission of the crime, our client MC was arrested, just barely making the statute of limitations.
Since committing the crime, MC was a model citizen and had not received even so much a speeding ticket. She was living life as a professional, she obtained her real estate license and was successfully selling real estate in Miami.
When her past came back to haunt her, her life during the last 10 years enabled attorney Bower Rodriguez to effectively advocate for her at sentencing, pointing out to the judge how well she had done for herself by living a life free of crime while under no court supervision. Her ex-husband – who had been physically violent towards her and who fled the country to avoid arrest – was the ring leader for the conspiracy to fraudulently qualify for mortgages, purchase property and then re-sell at profits to the tunes of millions of dollars.
The government agreed to allow our client to plead guilty to one single real estate transaction and an associated loss of only $135,000, which was less than the full value of the mortgage and not the full loss of millions of dollars involved in the conspiracy.
Given that she was 8.5 months pregnant with her second child and that she had thrived since making this mistake nearly 10 years prior, attorney Bower Rodriguez successfully argued that the hammer of prison was not necessary regardless of what the United States Sentencing Guidelines recommended. The Court agreed and granted a downward variance of over three years.
Ten days later she gave birth to her beautiful baby at a hospital and not in prison.
“Tim, thanks to you I am free! You truly are the best attorney in the world. Your efforts are unmatched and I certainly appreciate everything you have done for me. I knew I made the right decision in having you represent me because well now I can enjoy being with my newborn daughter and family!” – M.C.