I have no idea but if people choose to do nothing, that would increase the odds of leniency in the sentencing with respect to any incarceration and its duration. If you feel that leniency is warranted, then do nothing. There have been other cases the CO AG has prosecuted that involved people obtaining money under false pretenses and those individuals did or are doing jail time. As to him not having a previous criminal record, I cannot comment on it because I've never run a CBC (Criminal Background Check) on him.
I haven't formed an opinion on whether or not Mark should receive additional jail time. He has already served a short amount of time during the bail process which makes me think that unlike another comment that was made by someone else, it's unlikely Mark has hidden money somewhere. If he did, I doubt he would have sat more than 24 hours in the hole.
BTW, I've served on two juries for criminal assault cases in recent years and served as jury foreman both times.
The conversation I started was more a legal issue as to what the odds that Mark would serve jail time based on what he pled guilty of, sentencing guidelines of Colorado, other factors including the age/health of the defendant, the amount of money involved, living space availability in the minimum security system (I can't imagine that he would go to "real jail" but you never know). I wasn't asking "should Mark go to jail" because everyone has an opinion on that and most of that has already been told here and elsewhere.
Finally, I had assumed that Mark would enjoy "first offender" status since there had been nothing disclosed so far that he had ever committed a felony crime. The reason I assumed that is because it is difficult these days to hide facts like this especially considering that the victims in this case are savvy Internet users who have financial means. If this or something like it had happened before, I think somebody would have run across it in a Google search. Most of the state AGs' databases of cases is available online. For example, it wasn't hard for me to find out that a conman who had swindled my father-in-law out of his life savings over the past several years had a criminal record (in fact the same Colorado AG's office is prosecuting him now).
