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Old 05-16-2019, 09:43 AM
Remorseful900 Remorseful900 is offline
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Default Restitution

Does anyone know if restitution and/or fines is based solely on the “actual” loss incurred or can the judge use the “intended” loss to calculate the restitution/fine

I know intended loss is used in the sentencing guidelines but I was not sure if they can make you pay back something that was never actually made
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Old 05-16-2019, 11:31 AM
fbopnomore fbopnomore is online now
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Here's what the US DOJ says about the "restitution law".

The "Declaration of Victim Loss" can include more than only the amount taken, like legal costs, accounting costs, etc., but restitution orders, unlike US Sentencing Guideline computations must be based on actual loss, not intended loss.

See Page 8, https://www.ussc.gov/sites/default/f...inal-Cases.pdf

The Imposition of Restitution in Federal Criminal Cases
by Catharine M. Goodwin, Assistant General Counsel

Moreover, computation of “loss” in economic crimes for guideline sentencing can be based on such factors as gain to the defendant or intended loss; these are generally not included in computing harm for restitution purposes, although gain can sometimes indicate what portion of a larger loss is attributable to a defendant. Restitution is most comparable to unrecovered, actual loss. (note 47)

47,See, e.g., U.S. v. Jimenez, 77 F.3d 95 (5th Cir. 1996) (holding that while gain to a defendant is sufficient to show intent to defraud, the VWPA requires a real or actual loss to the victim); U.S. v. Badaracco, 954 F.2d 928 (3d Cir. 1992).

Last edited by fbopnomore; 05-16-2019 at 11:37 AM..
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