2nd Circ. Limits 'Mass-Marketing' Sentencing Enhancement

Law360, New York (November 7, 2012, 4:22 PM EST) -- Two individuals convicted in a criminal mortgage fraud scheme shouldn't face harsher sentences because the mass-marketing techniques used to perpetuate the scheme didn't target the banks who suffered losses, the Second Circuit said Wednesday.

Federal sentencing guidelines that increase an offense "committed through mass marketing" by two levels should apply only if the victims of the fraud were also the targets of the advertising, a 2-1 Second Circuit panel ruled.

Two employees of MTC Real Estate Inc., Kirk Lacey and Omar Henry, who were convicted for...
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