Briefing Paper on Problems in Redefining Loss (U.S. Sentencing Commission Economic Crime Symposium)

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