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“Losing Ground”—In Search Of A Remedy For The Over Emphasis On Loss And Other Culpability Factors In The Sentencing Guidelines For Fraud And Theft

“Losing Ground”—In Search Of A Remedy For The Over Emphasis On Loss And Other Culpability Factors In The Sentencing Guidelines For Fraud And Theft

David Debold and Matthew Benjamin

Volume 160 Issue 1 2011
Essay

In 2010, fraud offenses were the third largest
portion of the federal criminal docket, trailing only immigration and
drug offenses. And yet, the strong criticisms of the primary
advisory guideline governing the sentencing of those offenses, U.S.
Sentencing Guideline § 2B1.1, remain unaddressed. Judges, defense
lawyers, and commentators have long called for a reassessment of §
2B1.1's “inordinate emphasis” on the amount of loss caused by an
offense.

David Debold: Partner, Gibson, Dunn & Crutcher LLP.

Matthew Benjamin: Associate, Gibson, Dunn & Crutcher LLP.

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