Possible Amendments to Fraud Guidelines

There has been a recent shift by the Sentencing Commission regarding sentencing for non-violent drug offenders as evidenced by changes to the drug quantity table. It appears that that changes to the fraud guidelines are also in the works. After a long period of increasing penalties for economic crimes, the United States Sentencing Commission on August 14th, announced that the fraud sentencing guidelines would be revisited. Specifically, the Commission will be considering changes to 2B1.1 of the federal sentencing guidelines. Currently, monetary loss calculation drives 2B.1.1. A greater loss calculation equates to a higher guidelines sentence. However, the proposed amendments to the guidelines will focus on other factors such as culpability and the nature of the crime. The Commission will conduct studies, solicit input, and hold hearings, before it submits its proposed amendments to Congress in May, 2015.

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