Richard Chichakli, facing his sentencing in December, has filed what he has captioned Memorandum in Aid of Sentencing, and contested the Guidelines computation, filed by the US Probation Office, in the Pre-Sentence Investigation Report (PSI or PSIR). The defendant was convicted of:
(1) Conspiracy to Commit Money Laundering.
(2) Conspiracy to commit Wire Fraud.
(3) Conspiracy to Violate the IEPA.
(4) Wire Fraud.
While we cannot gain access to the PSI, as its distribution is strictly limited to the parties, we can see what the results are, from the defendant's comments. Chichakli objects to the listed 46-57 months Guideline range, and argues that he is not a Level 23, but a level 7, which results in a suggested sentence of only 8-14 months. Elsewhere, he argues that he is a Level 11; His memorandum is at times rambling, but we must remember that it is Pro Se, and not drafted by counsel.
He disputes all the enhancements, which appear to amount to a 16-point increase. His objections:
(A) The enhancement for Obstruction of Justice is incorrect. He did not obstruct justice.
(B) The enhancement for OFAC violations is wrong, on technical or procedural grounds.
(C) The enhancement for a potential monetary loss of $1.7m; There was no actual loss suffered.
(D) The enhancement for sophisticated money laundering; it is only bank information.
Chichakli is seeking a Downward Departure from his Guidelines sentence, and has presented a number of factors that he asserts support his argument. He also disputes much of the Government's argument and evidence. When the US Attorney responds, we will analyze it on this blog.