3 ms·
Interesting! From your [0] link: "The Second Circuit repeatedly has held that “loss in fraud cases includes the amount of property taken, even if all or part h
by cypherpunks01 9y ago
Interesting! From your [0] link:
"The Second Circuit repeatedly has held that “loss in
fraud cases includes the amount of property taken, even if all
or part has been returned.”"
"(Rejecting the defendant’s argument that the value of his fraud victim’s equity in his partnership should be subtracted from the loss amount, and holding that “[t]he ‘loss’ was the money that the investors were fraudulently induced to invest ...irrespective of the value of the [property].”)"
"The Sentencing Guidelines provide for specific “Credits Against Loss,” whereby loss calculations may be reduced by, inter alia, “[t]he money returned . . . by the defendant to the victim before the offense was detected.” The Guidelines define “time of detection” for purposes of credit against loss as “the earlier of (I) the time the offense was discovered by a victim or government agency; or (II) the time the defendant knew or reasonably should have known that the offense was detected or about to be detected by a victim or government agency."