Coping with "loss": A re-examination of sentencing federal economic crimes under the guidelines

From: Vanderbilt Law Review | Date: April 1, 1998| Author: | Copyright information

I. INTRODUCTION

The primary determinant of sentence length for federal economic criminals is the amount of "loss" resulting from an offender's conduct.' The idea of basing sentences for economic crimes primarily on "loss" has become the source of ongoing, complex, and proliferating disput es about what the term "loss" really means and how it should be interpreted in particular cases. The "loss" calculation is one of the most frequently litigated issues in federal sentencing law.2 There are at present splits of opinion between the federal circuits on at least eleven analytically disti nct ...

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