An Imprecise Measure Of Loss — At Best

Law360, New York (June 26, 2012, 2:52 PM EDT) -- On April 13, 2012, the U.S. Sentencing Commission issued a proposed amendment to the Federal Sentencing Guidelines for securities fraud and similar offenses in response to the Dodd-Frank Act.[1]

The proposed amendment provides a standard for determining the actual loss to the public caused by the fraud in cases alleging fraudulent inflation or deflation in the value of a publicly traded security or commodity. This loss estimate is often one of the most important factors in sentencing decisions. The proposed amendment includes a simple arithmetic formula...
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