It's grim. Thompson did just about everything they could have done to escalate their sentence short of finding a way to traffic explosive devices or desecrate a veterans cemetery. The sentence in reality will come down to how they account for losses to the victims, but any plausible number here rockets you to the bottom of the sentencing table (the difference between 50MM and 250MM in the sentencing guidelines is much smaller than the difference between $5k and $100k).
Roughly here, you get:
6 base sentence level for 2B1.1 crimes
+20-28 victim loss(!)
+4 multiple victims
+2 sophisticated means or multiple jurisdictions
+2 trafficking in access devices (incl. account numbers)
+4 (maybe) jeopardizing the safety of a financial institution
+2 PII
+4 malware (the indictment more or less demands this one)
+2 obstruction or destruction of evidence
Assume no criminal history for the defendant, then, without replicating the whole table, level 10 is 6-12 months, level 20 is 3 years, level 30 is 7-9 years, and level 40 is 25-30 years.
Another story about the case says "up to 20 years" but I assume that comes with all the usual caveats, e.g. they may have just totaled up the maximum sentence from each individual count as if they had to be served consecutively.
tptacek|3 years ago
Roughly here, you get:
Assume no criminal history for the defendant, then, without replicating the whole table, level 10 is 6-12 months, level 20 is 3 years, level 30 is 7-9 years, and level 40 is 25-30 years.greyface-|3 years ago
> +2 trafficking in access devices (incl. account numbers)
FWIW, the jury found her not guilty on these particular counts (9 and 10).
https://storage.courtlistener.com/recap/gov.uscourts.wawd.27...
rayiner|3 years ago
rootusrootus|3 years ago