Bank Fraud Guideline Is Tougher for Prosecutors

A 2001 amendment to a provision of the U.S. Sentencing Guidelines relating to bank fraud, U.S.S.G. § 2B1.1(b)(15)(A), makes it tougher for the government to obtain an enhancement, the U.S. Court of Appeals for the Third Circuit held Aug. 21. (United States v. Stinson, 3d Cir., No. 12-2012)

Prior to the amendment, the guideline provided an enhancement when an economic crime “affected a financial institution and the defendant derived more than $1,000,000 in gross receipts from the offense.” The courts interpreted the guideline as authorizing the enhancement when an offense had even minimal impacts on financial institutions. Now, ...