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U.S. v. Messner, No. 96-3146 (10th Cir.) (107 F.3d 1448) (February 19, 1997) (Judge John C. Porfilio)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Messner, No. 96-3146 (10th Cir.) (107 F.3d 1448) (February 19, 1997) (Judge John C. Porfilio) by United States v. Messner, 107 F.3d 1448 (10th Cir. 1997) (Judge Porfilio) United States v. Fuentes, 107 F.3d 1515 (11th Cir. 1997) (Judge Tjoflat) A number of interesting restitution issues are raised …

U.S. v. Brennick, No. 95-10197-NG (D.Mass.) (949 F.Supp. 32) (October 1, 1996) (Judge Nancy Gertner)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Brennick, No. 95-10197-NG (D.Mass.) (949 F.Supp. 32) (October 1, 1996) (Judge Nancy Gertner) by In this tax case, Judge Gertner granted a meaningful downward departure because she essentially agreed with the defendant that the monetary loss suffered by the Government significantly overstated the gravity of his offense. Judge …

U.S. v. Brennick, No. 95-10197-NG (D.Mass.) (949 F.Supp. 32) (October 1, 1996) (Judge Nancy Gertner)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Brennick, No. 95-10197-NG (D.Mass.) (949 F.Supp. 32) (October 1, 1996) (Judge Nancy Gertner) by Court granted a downward departure on the grounds that the Government's monetary loss overstated the gravity of the defendant's offense. Judge Gertner never disappoints. In this decision she again shows that a thoughtful and …

U.S. v. Lucas, No. 95-6688 (6th Cir.) (99 F.3d 1290) (October 30, 1996) (Judge Danny J. Boggs)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Lucas, No. 95-6688 (6th Cir.) (99 F.3d 1290) (October 30, 1996) (Judge Danny J. Boggs) by Here the Court limited its previous liberal rule that permitted courts to deduct amounts that a bank could easily recover by foreclosure, set-off, etc. to determine loss and explained the interaction between …

U.S. v. Olbres, No. 96-1021 (1st Cir.) (99 F.3d 28) (November 1, 1996) (Judge Sandra L. Lynch)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Olbres, No. 96-1021 (1st Cir.) (99 F.3d 28) (November 1, 1996) (Judge Sandra L. Lynch) by This case started when an IRS employee noticed a Rolls Royce Corniche convertible parked outside a restaurant. His curiosity (or jealousy or dreams of a big bonus) caused him to write down …

U.S. v. Skodnek, No. 94-10155-NG (D.Mass.) (933 F.Supp. 1108) (June 12, 1996) (Judge Nancy Gertner)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Skodnek, No. 94-10155-NG (D.Mass.) (933 F.Supp. 1108) (June 12, 1996) (Judge Nancy Gertner) by The principal issue in this case was the proper calculation of the losses under U.S.S.G § 2F1.1 to be used in setting the sentence of the defendant, a psychiatrist who was convicted of making …

U.S. v. Cheng, No. 95-1704, No. 1585 (2nd Cir.) (96 F.3d 654) (September 30, 1996) (Judge J. Edward Lumbard)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Cheng, No. 95-1704, No. 1585 (2nd Cir.) (96 F.3d 654) (September 30, 1996) (Judge J. Edward Lumbard) by In this case the Court touched briefly on the apparent conflict between the language of U.S.S.G. § 2F1.1 which allows for loss calculations based on "intended loss" and the language …

Green v. U.S., No. 93-4109 (6th Cir.) (65 F.3d 546) (September 20, 1995) (Judge David A. Nelson)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Loss - Calculation/Determination of

Green v. U.S., No. 93-4109 (6th Cir.) (65 F.3d 546) (September 20, 1995) (Judge David A. Nelson) by The defendant in this case was charged with a structuring violation and was sentenced under Guideline §2S1.3. By using "relevant conduct" the court increased the sentence based on other funds involved in …

U.S. v. Cheng, No. 95-1704, No. 1585 (2nd Cir.) (96 F.3d 654) (September 30, 1996) (Judge J. Edward Lumbard)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Cheng, No. 95-1704, No. 1585 (2nd Cir.) (96 F.3d 654) (September 30, 1996) (Judge J. Edward Lumbard) by In this case the Court touched briefly on the apparent conflict between the language of U.S.S.G. § 2F1.1 which allows for loss calculations based on "intended loss" and the language …

U.S. v. Sokolow, No. 95-1367 (3rd Cir.) (91 F.3d 396) (July 26, 1996) (Judge Jane A. Restani)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Sokolow, No. 95-1367 (3rd Cir.) (91 F.3d 396) (July 26, 1996) (Judge Jane A. Restani) by This case discusses the "value of funds" involved in a money laundering offense as that phrase is used in § 2S1.2(b). Citing U.S. v. Thompson, 40 F.3d 48 (3rd Cir. 1994), the …

U.S. v. Allen, No. 94-30393 (9th Cir.) (88 F.3d 765) (July 3, 1996) (Judge Mary M. Schroeder)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Allen, No. 94-30393 (9th Cir.) (88 F.3d 765) (July 3, 1996) (Judge Mary M. Schroeder) by The Court specifically noted that the district court was not asked to include accrued interest as part of the actual loss calculation "although several circuits have approved the practice." (Id., at 771) …

U.S. v. Allison, No. 95-10289 (9th Cir.) (86 F.3d 940) (June 24, 1996) (Judge Melvin Brunetti)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Allison, No. 95-10289 (9th Cir.) (86 F.3d 940) (June 24, 1996) (Judge Melvin Brunetti) by Case examines differences between USSG §§ 2B1.1 and 2F1.1 for purposes of calculating loss. This case is noted because it describes a subtle but significant difference between the calculation "losses" under U.S.S.G. § …

U.S. v. Say, No. 2:95-cr-44-01 (D.Vt.) (923 F.Supp. 611) (November 17, 1995) (Judge William K. III Sessions)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Say, No. 2:95-cr-44-01 (D.Vt.) (923 F.Supp. 611) (November 17, 1995) (Judge William K. III Sessions) by Here's a surprising Guideline case that deals with the calculation of "loss" under U.S.S.G. §§ 2B1.1 and 2F1.1. In this case the defendant was caught crossing the border with 17 counterfeit credit …

U.S. v. Tedder, No. 95-10325 (5th Cir.) (81 F.3d 549) (April 15, 1996) (Judge Carl E. Stewart)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Tedder, No. 95-10325 (5th Cir.) (81 F.3d 549) (April 15, 1996) (Judge Carl E. Stewart) by The defendant in this case pled guilty to one count of fraudulent use of a social security number and one count of aiding and abetting. He was in the business of counseling …

U.S. v. Morris, No. 94-2740 (7th Cir.) (80 F.3d 1151) (April 2, 1996) (Judge Ilana Diamond Rovner)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Morris, No. 94-2740 (7th Cir.) (80 F.3d 1151) (April 2, 1996) (Judge Ilana Diamond Rovner) by One of the issues raised in this appeal was whether the defendants should be charged with the entire amount of fraud loss if factors other than their own fraud contributed to the …

U.S. v. Schinnell, No. 94-11155 (5th Cir.) (80 F.3d 1064) (April 9, 1996) (Judge Will L. Garwood)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Affecting a Financial Institution

U.S. v. Schinnell, No. 94-11155 (5th Cir.) (80 F.3d 1064) (April 9, 1996) (Judge Will L. Garwood) by One of the issues raised in this case was what it takes to "affect" a financial institution within the meaning of the nebulous provisions of U.S.S.G. § 2F1.1(b)(6)(B). Pushing that word to …

U.S. v. Maurello, No. 95-5109 (3rd Cir.) (76 F.3d 1304) (February 22, 1996) (Judge H. Lee Sarokin)

Article • April 1, 1996 • from P&J April, 1996

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Maurello, No. 95-5109 (3rd Cir.) (76 F.3d 1304) (February 22, 1996) (Judge H. Lee Sarokin) by This case contains a lengthy and detailed description of the determination of "loss" under both § 2B1.1 and § 2F1.1 of the Guidelines - particularly in the context of the Third Circuit's …

U.S. v. Millar, No. 95-1142, No. 559 (2nd Cir.) (79 F.3d 338) (April 1, 1996) (Judge Ralph K. Jr. Winter)

Article • April 1, 1996 • from P&J April, 1996

Filed under: Punch And Jurists, Affecting a Financial Institution

U.S. v. Millar, No. 95-1142, No. 559 (2nd Cir.) (79 F.3d 338) (April 1, 1996) (Judge Ralph K. Jr. Winter) by Case was remanded for a determination of whether the defendant had derived the illicit funds individually, rather than jointly, as required by Application Note 11 to § 2B1.1.

U.S. v. Gilberg, No. 95-1586 (1st Cir.) (75 F.3d 15) (January 31, 1996) (Judge Conrad K. Cyr)

Article • March 1, 1996 • from P&J March, 1996

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Gilberg, No. 95-1586 (1st Cir.) (75 F.3d 15) (January 31, 1996) (Judge Conrad K. Cyr) by Here the Court rejected the defendant's contention that the term "loss" under USSG § 2F1.1 should not include accrued mortgage loan interest, holding that accrued interest is not the type of "opportunity …

U.S. v. Sarno, No. 93-50859 (9th Cir.) (73 F.3d 1470) (December 11, 1995) (Judge Monroe G. McKay)

Article • February 1, 1996 • from P&J February, 1996

Filed under: Punch And Jurists, Jeopardizing the Soundness of a Financial Institution

U.S. v. Sarno, No. 93-50859 (9th Cir.) (73 F.3d 1470) (December 11, 1995) (Judge Monroe G. McKay) by This multi-issue case involves what the court calls "the financial looting of a federally insured lending institution by would-be robber barons." The appeal covers a number of issues, but one sentencing issue …