Sentencing Advocacy Group · Preparation resources
Federal Securities Fraud Sentencing: Prepare the Record Behind the Numbers
A securities-fraud case requires more than a general statement of remorse. Prepare a clear financial chronology, an accurate account of your role, and evidence of the changes you have actually made. Counsel evaluates the charges, applicable Guidelines and legal arguments; SAG helps organize the personal and supporting record.
Start with the case you actually have.
Keep the charging document, plea agreement if any, court schedule and available sentencing materials together. Separate allegations from admitted facts and disputed issues. A regulatory matter, civil claim and criminal prosecution may involve overlapping records, but should not be treated as interchangeable proceedings. Ask your attorney which records may be shared and how communications should be handled.
Make the financial history understandable.
Create a dated inventory of investment offerings, investor communications, account statements, transfers, distributions and repayments. Identify who prepared or approved each material document. Preserve original records and flag gaps or conflicting figures rather than reconstructing them from memory.
- Transactions: identify the date, amount, account, supporting record and person involved.
- Individual role: document responsibilities, authority and actual decisions without assigning blame through unsupported conclusions.
- Investor impact: organize available evidence of harm for counsel; do not contact investors to seek supportive statements without legal guidance.
- Repayment: distinguish completed payments and verified recoveries from proposed payments or hoped-for asset sales.
Keep loss, restitution and personal mitigation separate.
Do not use a headline dollar amount as a sentencing prediction. Counsel should identify the applicable guideline, manual edition, proposed adjustments and disputed facts. The USSC’s 2025 loss primer explains why loss analysis can require careful factual and legal review. Restitution and Guidelines loss are distinct questions; a repayment should not be assumed to erase either criminal conduct or sentencing exposure.
Use our fraud Guidelines guide to organize questions for counsel. A legal objection to a calculation and a request based on personal circumstances need their own supporting records.
Document what has changed in practice.
A promise to improve is less informative than an identifiable change with dates and verification. Depending on your circumstances, preparation may include independent oversight, limits on financial authority, revised approval processes, training, treatment or a different employment structure. Describe only measures that exist, who verifies them and how they operate.
For each corrective step, record the concern addressed, action taken, completion date, supporting document and remaining work. Include setbacks honestly. Do not manufacture an explanation, backdate a control or ask someone to sign a statement they cannot verify.
Prepare for the PSR and the sentencing deadline.
Organize accurate employment, education, health, family and financial history. Build a personal chronology in your own voice and discuss contested or sensitive matters with counsel before an interview or submission. Character letters should describe specific firsthand observations, not repeat a coordinated script.
Our PSR preparation service and documented mitigation methodology explain how the supporting file can be assembled. The attorney determines what belongs in court filings.
What should you bring to a preparation review?
- Your current stage and next PSR, filing or sentencing date.
- Your attorney’s contact information and agreed coordination arrangements.
- An inventory of the available court and financial records, with missing items identified.
- A list of completed corrective actions and records that verify them.
- The personal-history and family documentation you need help organizing.
Do not submit confidential discovery, investor account details or privileged communications through an initial website inquiry. Start with your stage and timing; agree on appropriate document handling before sharing records.
Questions clients ask
Can the loss amount alone tell me my sentence?
No. The actual case, applicable law and full sentencing record require individual review. A generic calculator or another person’s result is not a prediction.
Does repayment guarantee a lower sentence?
No. Preserve accurate payment records, but ask counsel to evaluate their legal significance. Do not promise a result or describe an intended payment as completed.
How does SAG work with my lawyer?
SAG assists with factual organization, personal-history preparation and documented change within an agreed scope. Your lawyer handles legal advice, objections, advocacy and court filings.
Source and further reading
USSC 2025 Guidelines Manual · USSC loss primer. Counsel must check the governing edition, subsequent amendments and controlling law for the individual case.
By Joseph De Gregorio · Sentencing Advocacy Group. Reviewed October 22, 2026. Educational preparation information, not legal advice. SAG is not a law firm. Individual outcomes vary; no sentence, placement or release result is guaranteed.