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U.S. v. Neadle, No. 94-7417 (3rd Cir.) (72 F.3d 1104) (December 19, 1995) (Judge Jane R. Roth)

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

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

U.S. v. Neadle, No. 94-7417 (3rd Cir.) (72 F.3d 1104) (December 19, 1995) (Judge Jane R. Roth) by In this case the defendant was convicted of insurance fraud on the grounds that he had misrepresented the amount of capital available to cover losses for a new insurance company. When Hurricane …

U.S. v. Bruce, No. 5:94CR0305 (N.D.Ohio) (909 F.Supp. 1034) (December 14, 1995) (Judge Ann Aldrich)

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

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

U.S. v. Bruce, No. 5:94CR0305 (N.D.Ohio) (909 F.Supp. 1034) (December 14, 1995) (Judge Ann Aldrich) by In this multi-issue case, the court ruled that the Government had failed to prove that the defendant's actions substantially jeopardized the safety and soundness of the financial institution that was defrauded. Although the bank …

U.S. v. Clements, No. 94-30519 (5th Cir.) (73 F.3d 1330) (January 22, 1996) (Judge Emilio M. Garza)

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

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

U.S. v. Clements, No. 94-30519 (5th Cir.) (73 F.3d 1330) (January 22, 1996) (Judge Emilio M. Garza) by In this multi-issue appeal arising from a tax evasion conviction, the defendant unsuccessfully argued that the "tax loss" should have been limited to the value of the assets he attempted to hide …

U.S. v. Vargas, No. 93-50236 (9th Cir.) (67 F.3d 823) (October 3, 1995) (Judge J. Clifford Wallace)

Article • November 1, 1995

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

U.S. v. Vargas, No. 93-50236 (9th Cir.) (67 F.3d 823) (October 3, 1995) (Judge J. Clifford Wallace) by Over a strong dissent by Judge Reinhardt (who objects to the "misguided sentencing procedure" that now prevails), the 9th Circuit approved a linear departure of one offense level for every $5 million …

U.S. v. Dickler, No. 94-3517 (3rd Cir.) (64 F.3d 818) (August 21, 1995) (Judge Walter K. Stapleton)

Article • October 1, 1995

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

U.S. v. Dickler, No. 94-3517 (3rd Cir.) (64 F.3d 818) (August 21, 1995) (Judge Walter K. Stapleton) by This case raises an interesting issue relating to scope of "relevant conduct" under § 1B1.3 of the Guidelines. It has long been the law that a defendant's punishment may be increased based …

U.S. v. Allender, No. 94-3200 (7th Cir.) (62 F.3d 909) (August 4, 1995) (Judge Daniel A. Manion)

Article • September 1, 1995

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

U.S. v. Allender, No. 94-3200 (7th Cir.) (62 F.3d 909) (August 4, 1995) (Judge Daniel A. Manion) by Here the Court explained that Application Note 7 (now Application Note 8(b)) refers to the speculative "opportunity cost" of misappropriated funds. "It does not refer to a guaranteed specific rate of return …

U.S. v. Wright, No. 94-5644 (6th Cir.) (60 F.3d 240) (July 27, 1995) (Judge Gilbert S. Merritt)

Article • August 1, 1995

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

U.S. v. Wright, No. 94-5644 (6th Cir.) (60 F.3d 240) (July 27, 1995) (Judge Gilbert S. Merritt) by In this case the defendant pled guilty to making false statements in order to obtain three bank loans. The defendant was sentenced on the basis of some $173,000 in "losses" even though …

U.S. v. Karterman, No. 93-30408 (9th Cir.) (60 F.3d 576) (July 13, 1995) (Judge Charles E. Wiggins)

Article • August 1, 1995

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

U.S. v. Karterman, No. 93-30408 (9th Cir.) (60 F.3d 576) (July 13, 1995) (Judge Charles E. Wiggins) by Section 2T1.3 of the Guidelines permits a two level enhancement if unreported income of over $10,000 comes from "criminal activity". Here, the Ninth Circuit rules that conduct which does not lead to …

U.S. v. Asher, No. 95-1013 (7th Cir.) (59 F.3d 622) (June 28, 1995) (Judge Jesse E. Eschbach)

Article • August 1, 1995

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

U.S. v. Asher, No. 95-1013 (7th Cir.) (59 F.3d 622) (June 28, 1995) (Judge Jesse E. Eschbach) by Court held that the amount of loss in a check kiting scheme is the amount of loss at the time the scheme was discovered. This case involved a check kiting scheme in …

U.S. v. Ledesma, No. 93-4316 (11th Cir.) (60 F.3d 750) (August 4, 1995) (Judge R. Lanier III Anderson)

Article • August 1, 1995

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

U.S. v. Ledesma, No. 93-4316 (11th Cir.) (60 F.3d 750) (August 4, 1995) (Judge R. Lanier III Anderson) by Case held that restitution cannot be ordered for losses arising out of a separate crime for which the defendant was not convicted. Here's an interesting restitution case where the defendant pled …

U.S. v. Flowers, No. 94-5806 (6th Cir.) (55 F.3d 218) (May 26, 1995) (Judge Alice M. Batchelder)

Article • July 1, 1995

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

U.S. v. Flowers, No. 94-5806 (6th Cir.) (55 F.3d 218) (May 26, 1995) (Judge Alice M. Batchelder) by In this case, the Sixth Circuit joins the 3rd, 4th, 5th and 7th Circuits in holding that the amount of loss for sentencing purposes under § 2F1.1 is the actual amount at …

U.S. v. Haddock, No. 93-3034 (10th Cir.) (12 F.3d 950) (December 13, 1993) (Judge Stephen H. Anderson)

Article • January 1, 1994

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

U.S. v. Haddock, No. 93-3034 (10th Cir.) (12 F.3d 950) (December 13, 1993) (Judge Stephen H. Anderson) by The Court held that the sentencing enhancements under U.S.S.G. § 2F1.1 are "only for loss to the victims, not for gain to the defendants. The defendant's gain may be used only as …

U.S. v. Jewett, No. 91-1769 (6th Cir.) (978 F.2d 248) (October 26, 1992) (Judge James L. Ryan)

Article • January 1, 1994

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

U.S. v. Jewett, No. 91-1769 (6th Cir.) (978 F.2d 248) (October 26, 1992) (Judge James L. Ryan) by In this post-Hughey [v. U.S., 495 U.S. 411 (1990)] decision, the Court held that the amended provisions of the VWPA have redefined the conduct relevant to an award of restitution and permits …

U.S. v. Hoyle, No. 93-5359 (4th Cir.) (33 F.3d 415) (September 1, 1994) (Judge Sam J. III Ervin)

Article • January 1, 1994

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

U.S. v. Hoyle, No. 93-5359 (4th Cir.) (33 F.3d 415) (September 1, 1994) (Judge Sam J. III Ervin) by Case held that fact that interest could not be included in determination of loss under Guidelines did not preclude it from being included in award of restitution, in sentencing defendant for …

U.S. v. Kopp, No. 91-5453 (3rd Cir.) (951 F.2d 521) (December 4, 1991) (Judge Edward R. Becker)

Article • January 1, 1994

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

U.S. v. Kopp, No. 91-5453 (3rd Cir.) (951 F.2d 521) (December 4, 1991) (Judge Edward R. Becker) by Here the Court rejected the defendant's contention that because he borrowed $13.75 million from a bank, that should be the measure of loss; holding that fraud loss should be based on the …

U.S. v. Marlatt, No. 93-3855 (7th Cir.) (24 F.3d 1005) (May 20, 1994) (Judge Richard A. Posner)

Article • January 1, 1994

Filed under: Punch And Jurists, Loss - Consequential Damages

U.S. v. Marlatt, No. 93-3855 (7th Cir.) (24 F.3d 1005) (May 20, 1994) (Judge Richard A. Posner) by Case held that held that the $565,000 spent by the title insurance company in purchasing insured condominium units was not a "loss" caused by defendant's fraud for purposes of the fraud Guidelines …

U.S. v. Hoyle, No. 93-5359 (4th Cir.) (33 F.3d 415) (September 1, 1994) (Judge Sam J. III Ervin)

Article • January 1, 1994

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

U.S. v. Hoyle, No. 93-5359 (4th Cir.) (33 F.3d 415) (September 1, 1994) (Judge Sam J. III Ervin) by The Court stated: "The district court relied on the calculations in the Presentence Report, which expressly stated that interest was included. The court sentenced Benton pursuant to U.S.S.G. § 2F1.1 for …