This Article has four parts. First, it describes the general structure of the Federal Sentencing Guidelines and the approach to sentencing economic crimes in effect between 1987 and 2001. Second, it outlines the defects in the former economic crime guidelines that led to the call for reform. Third, it describes the process undertaken by the Sentencing Commission that led to the passage of the 2001 economic crime amendments and, in so doing, provides a roadmap to sources of legislative history. Fourth, it explains and analyzes the new guidelines in light of their legislative history, with primary emphasis on the consolidated economic crime guideline and its redefinition of “loss.” This fourth section highlights issues that remain unaddressed by the new guidelines and discusses provisions that may be particularly productive of future litigation.
Frank O. Bowman III, The 2001 Federal Economic Crime Sentencing Reforms: An Analysis and Legislative History, 35 Ind. L. Rev. 5 (2001)