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Comment by gvb | Hacker News Reader

40 years is the maximum prison term. The prison term he would get if he were convicted would likely be a fraction of that.

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Actually, under the federal sentencing guidelines, if found guilty he will be sentenced based upon "intended loss" [1] - which is this case is somewhere around $15 billion. That would easily qualify him for the maximum sentence. The loss table [2] actually maxes out at $400 million.

[1] "...loss is the greater of actual loss or intended loss" - see [2]

[2] http://www.ussc.gov/guidelines-manual/2013/2013-2b11

That document only determines sentencing level, not years. You need to also reference the criminal history calculation and finally the actual sentencing guideline.

http://www.ussc.gov/sites/default/files/pdf/training/annual-...

http://www.ussc.gov/sites/default/files/pdf/guidelines-manua...

I'm well aware of how it works....I didn't say that points=years. First, 36 points (the amount he will likely have - 30+6) gives him a recommended range (if he has no criminal history) of 188-235 months. I only said that he is off the charts in terms of loss. Second, guidelines are exactly that - guidelines. A judge could easily look at his conduct and say "this is the most I've ever seen for an intended loss; therefore the statutory maximum (40 years) is warranted".

This is a curious phenomenon, then. If someone said, "max. 40 years but you probably won't get that", my mind is probably going to be stuck on the number "40 years". That's probably sufficient to terrify somebody into doing really stupid things to avoid it, like we see here.

40 years in jail means that someone is such a tyrranical menace to society that they cannot be trusted to be around other people for the rest of their life.

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