Guesstimating Loss For Sentencing

Law360, New York (February 16, 2012, 1:33 PM EST) -- On Jan. 19, 2012, the United States Sentencing Commission asked for public comment on various topics.[1] It stated that it had received comments noting that “determinations of loss in cases under §2B1.1 [of the Federal Sentencing Guidelines Manual] involving securities fraud and similar offenses are complex and a variety of different methods are in use, resulting in application issues and possible sentencing disparities.”

This article argues that, if they are to be reasonably accurate, the determinations of loss in cases involving securities fraud must necessarily be...
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