U.S.S.G. § 2B1.1 Loss Amount: Money Paid Back to Victim Before Fraud Detected NOT Counted

US v. Christian Peterson.  No. 14-3716. Before running into legal trouble, Christian Peterson, an entrepreneur doing business in Madison, Wisconsin, owned several manufacturing and realestate development firms. He misused corporate finances, frequently making unauthorized intercompany loans and occasionally using corporate funds to pay off his personal gambling debts. Eventually all of his business ventures failed, his companies defaulted, and federal agents launched an investigation. Peterson was indicted on thirteen criminal counts—bank fraud, making false statements to banks, money laundering, and …
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Posted in 7th Circuit Criminal Law Alert, Fraud, United States' Sentencing Guidelines

Residential Drug Abuse Program – BOP Changes Make Allow Greater Inmate Participation

SUMMARY: The Bureau of Prisons (Bureau) revised the Residential Drug Abuse Treatment Program (RDAP) regulations to allow greater inmate participation in the program and positively impact recidivism rates. DATES: This rule is effective on May 26, 2016. 550.55(b) Inmates not Eligible for Early Release. As an exercise of the Director’s discretion, the following categories of inmates are not eligible for early release: (1) Immigration and Customs Enforcement detainees; (2) Pretrial inmates; (3) Contractual boarders (for example, State or military inmates); …
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Posted in 7th Circuit Criminal Law Alert, Press Releases, United States' Sentencing Guidelines

USSG 2B1.1 – Honest Services Fraud “Value of Benefit Received” Explained

United States v. Harper, No. 14-2701.   The defendant pleaded guilty to fraud consisting of her having abused her position as a member of a Chicago public-school board by accepting kickbacks of more than $500,000 from bus companies to which she steered transportation contracts worth $21 million. The parties stipulated that the value of the benefit received from the fraud was between $7 and $20 million.    Honesty The guidelines in effect at the time required a 20-level enhancement for honest services fraud when …
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Posted in 7th Circuit Criminal Law Alert, United States' Sentencing Guidelines