Seems Like Everything Is Sophisticated These Days, Huh?
The sophisticated means enhancement is one of the most overused enhancements applied by U.S. Attorney’s office across the United States.
Looking at white collar charges time and time again, it looks as though federal prosecutors try to slap a sophisticated means enhancement on anything that’s a white collar crime.
Sophisticated means is not about a dollar amount, but about the complexity used in hiding illicitly begotten money.
Let’s say, for example, that you’re found guilty of PPP fraud and you put the money in your bank account. There’s nothing sophisticated about that.
But, if you run a detailed money laundering operation and move this money from a bank account in Switzerland to another country, and then back to an offshore account, that’s considered sophisticated means.
Washing checks is not a sophisticated crime, and isn’t worthy of the sophisticated means label.
There are several precedents established as to the use of sophisticated means. However, U.S. Attorneys rely on lazy lawyering, usually from the part of the federal public defenders or the CJA Panel who just want to see the case resolve so they can move on to the next one.
Every enhancement will be listed in a defendant’s PSR, and we always advise defendants to dispute everything unfavorable in your PSR – just like you might hear advised to do with a credit report. There’s plenty of time to do it. If the DOJ isn’t providing you a sufficient amount of time, it might be grounds for a 2255 motion.
Learn more about PSR preparation and more on our website: www.federalprisontips.com