Document Type


Publication Date

Summer 2000


On October 12-13, 2000, the U.S. Sentencing Commission sponsored its Third Symposium On Crime and Punishment in the United States: Federal Sentencing Policy for Economic Crimes and New Technology Offenses. The afternoon of the first day of the meeting was devoted to discussing the concept of “loss” as a measurement of defendant culpability and offense seriousness. The conferees were divided into small groups to discuss discrete sub-issues relating to “loss” and its place in sentencing economic crimes under the Guidelines. Following the small group discussions, the discussion leaders (“facilitators”) addressed a plenary session of the conference to report on the conclusions drawn by their groups. In an effort to capture the essence of an afternoon of wide-ranging discussion, we have reproduced two documents here: first, a condensed version of a briefing paper provided to the small group facilitators by the Sentencing Commission prior to the conference, and second, a transcript of the plenary session at which the facilitators reported the conclusions reached by their groups. This paper begins with a description of the general principles at issue when discussing the place of “loss” in setting punishments for economic crime. It then focuses on the sub-issues assigned to the breakout groups.


Published as Frank O. Bowman III, Briefing Paper on Problems In Redefining "Loss", 13 Fed. Sent. R. 22 (2000). © 2000 by [the Regents of the University of California/Sponsoring Society or Association]. Copying and permissions notice: Authorization to copy this content beyond fair use (as specified in Sections 107 and 108 of the U. S. Copyright Law) for internal or personal use, or the internal or personal use of specific clients, is granted by [the Regents of the University of California/on behalf of the Sponsoring Society] for libraries and other users, provided that they are registered with and pay the specified fee via Rightslink® on [JSTOR (] or directly with the Copyright Clearance Center,



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