What should the defendant in this case be given?

White collar crime discussion

 

I would agree that, in general, white-collar criminals should be placed on the same spectrum of sentencing guidelines/expectations as any other offender. For example, if a white-collar criminal embezzled $150,000.00 from his/her company, an applicable Kansas statute is:

21-5801(b)(1) Theft: Property or services of the value of $100,000 or more is a severity level 5, nonperson felony.

With the Kansas sentencing guidelines in play, a person with no criminal record (Box I) who is convicted of a severity level 5, nonperson felony would land on a “border box.” This means the defendant can either have presumptive probation or presumptive imprisonment.

What should the defendant in this case be given? What other factors would need to be examined (if any)? Tell me your sentencing plan for this individual.