Washington D.C. Aggravated Fraud under Economic Crimes Law

Aggravated fraud involves deceitful acts resulting in major financial damage, often exceeding $1 million. The fraud may involve schemes like cryptocurrency scams, real estate investment fraud, or organized phishing operations. Washington D.C. law does not have a standalone statute named “Aggravated Fraud,” but prosecutorial discretion, combined with federal sentencing enhancements under the U.S. Sentencing Guidelines §2B1.1, imposes much harsher penalties.

To qualify for enhanced punishment under federal or D.C. guidelines:

• The fraud must be intentional and planned.
• The defendant must have knowingly obtained money, property, or services under false pretenses.
• The financial loss must exceed specific thresholds, with $1 million often triggering significantly enhanced sentences.
• Fraud committed through electronic means, cross-border operations, or in a fiduciary capacity can aggravate sentencing.

While basic fraud in D.C. may be punished by up to 10 years imprisonment (D.C. Code § 22–3221), aggravated fraud following federal guidelines can carry:

• Up to 30 years imprisonment if involving financial institutions.
• Sentencing enhancements for loss over $1 million.
• Additional years added for leadership roles in organized schemes or targeting vulnerable populations.

Note: These are general ranges based on federal sentencing guidelines and may vary based on judicial discretion and mitigating factors.

Organized fraud refers to cases where multiple actors plan and execute complex schemes. These typically involve:

• Roles distributed among conspirators (e.g., recruiters, callers, money mules).
• Use of technology and fake documentation.
• Targeting many victims simultaneously.
  This classification significantly increases sentencing severity due to calculated coordination.

The following elements often lead to increased penalties:

• Elderly or vulnerable victims targeted.
• Use of professional credentials (e.g., lawyers, accountants).
• Repeat offenses or breach of public trust.
• Fraud conducted as part of ongoing criminal enterprise.

Victims of large-scale fraud should promptly:

• Gather documentary evidence (e.g., emails, bank records, messages).
• Report to law enforcement and regulatory bodies like the D.C. Attorney General or FBI.
• Consider civil litigation for restitution, especially if criminal proceedings are prolonged or uncertain.

If accused of aggravated fraud, defendants should:

• Retain counsel experienced in white-collar criminal defense.
• Avoid any attempt to contact victims directly (which may be seen as coercive).
• Emphasize lack of intent, limited role, or partial restitution efforts as mitigating factors.

Common mitigating arguments include:

• First-time offense.
• Demonstrable effort to repay losses.
• Limited involvement in broader scheme (i.e., not a planner).
• Cooperation with authorities during investigation.