Major Changes Coming To Sentencing Guidelines For Fraud

Law360, New York (April 21, 2015, 10:29 AM EDT) -- On April 9, 2015, the U.S. Sentencing Commission voted to approve changes to §2B1.1 of the sentencing guidelines.[1] The changes will take effect on Nov. 1, 2015, unless Congress objects. If they go into effect, these proposed amendments could have important implications for those facing criminal fraud charges.

§2B1.1 includes "basic forms of property offenses: theft, embezzlement, fraud, forgery, counterfeiting ..., insider trading, transactions in stolen goods, and simple property damage or destruction."[2]

In short, these changes would:

revise the definition of "intended loss" at §2B1.1, comment (n.3(A)(ii)) to mean the pecuniary harm "that the defendant purposely sought to inflict";...

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