NEW YORK, December 28 - RAPSI. Russian citizen Vladimir Zdorovenin, accused of defrauding U.S. citizens and U.S. banks, to be sentenced on January 4, 2013. His sentencing has been postponed several times at the request of defense attorney.

55-year-old Zdorovenin was arrested in Zurich in March 2011 and extradited to New York, where he was charged - along with his son, who is on a wanted list, - with nine counts relating to large-scale fraud. They were charged with conspiracy, mail fraud, wire fraud, computer fraud, aggravated identity theft, and securities fraud.
Vladimir Zdorovenin pled guilty to one count of conspiracy and one count of wire fraud. He denies the other crimes he is accused of.

U.S. federal prosecutors have requested a prison term of 51-63 months for Zdorovenin, while the defense attorney has asked for 24 months.

Zdorovenin's defense argues that adherence to the statutory sentencing guidelines would prove inappropriate in this case, primarily because of the weight accorded by the federal sentencing commission to the amount of loss sustained in the fraud cases. The defense argues that the guidelines would yield an excessive sentence given the facts of the case, and that the sentencing factors militate against the application of the guidelines.

The factors include the nature and circumstances of the offense and the defendant's history and characteristics; the four legitimate purposes of sentencing (in sum: just punishment for the offense, deterrence, protection of the public, and defendant reform through educational or rehabilitative means; the types of sentences available;the guidelines range; any relevant Sentencing Commission policy statements; avoidance of unwarranted sentencing disparities; and Restitution for the victims.

The defense claims that a key component to calculating the sentence was the amount of financial loss sustained by the victims.

To illustrate the point that other judges have previously refrained from imposing the statutory guidelines in fraud cases due to dissatisfaction with the weight assigned to loss amount therein, the defense quotes a judge mentioning in a prior case "the inordinate emphasis that the Sentencing Guidelines place in fraud cases on the amount of actual or intended financial loss." The defense argues that the loss should be assigned a half-weight in the calculation, thus establishing a minimum of 24 months' imprisonment.

Furthermore, Zdorovenin's defense argues that a sentence within the guidelines would not take into account Zdorovenin's age (55) and the lack of any criminal record. With regard to the former, Zdorovenin's defense painted a bleak picture of life in prison for older inmates.

The defense further draws attention to Zdorovenin's family situation. His wife is dependent on him for assistance in taking care of their four-year-old son. His brother, a former alcoholic with a disability rendering him incapable of holding a job, is also dependent on Zdorovenin. The defense further urged the judge to consider Zdorovenin's willingness to cooperate with the authorities in the case.

Finally, the defense urged that 24 months would be an appropriate sentence in terms of deterrence, restitution, and just punishment.

The prosecutors note that it is not imperative for the judge to abide by the sentencing guidelines, but it is necessary to at least consider them. The prosecution explains that, "although [the relevant case law] held that the Guidelines are no longer mandatory, it also held that the Guidelines remain in place and that district courts must 'consult' the Guidelines and 'take them into account' when sentencing."

In this case, the prosecutors believe the guidelines' sentence would be appropriate, based on the substantial role Zdorovenin played in the fraud. Furthermore, the prosecutors urge the court not to overlook the connection between punishment and deterrence, or to place too much weight on Zdorovenin's "advanced age;" explaining that at 55, the statutory guidelines can hardly be construed as a life sentence.