Law Journal Newsletters

An ALM Website

BUSINESS CRIMES BULLETIN

September 2008

Bringing Sentencing Sanity to Operation Malicious Mortgage

By Evan A. Jenness

Harsh sentences can be generated by a rote application of the U.S. Sentencing Guidelines in mortgage fraud cases. Challenging the scope of "relevant conduct" should be defense counsel's first line of attack in many cases, because victims’ losses may not have resulted from a convicted client’s activities or the reasonably foreseeable acts of others in furtherance of jointly undertaken criminal activity under § 1B1.3.

Log In

Subscribers: Log in below to read the full story

Already subscribe but haven't registered for all the benefits of the website?

Subscribe

Click below to subscribe to
BUSINESS CRIMES BULLETIN

Subscribe

Pay-Per-View

You can purchase this article for $20.00
Click below

Purchase Article

ARTICLES FROM RELATED NEWSLETTERS

EQUIPMENT LEASING NEWSLETTER

The Scope and Limits of Article 9

A discussion of the three major categories of personal property liens excluded from Article 9, in whole or in part.

EQUIPMENT LEASING NEWSLETTER

How a Lessor of Cows Can Ensure a 'True Lease'

Most lawyers in the equipment financing business in urban areas have never handled a deal involving animals, such as livestock. So this article is dedicated to those equipment leasing specialists — and their attorneys — who represent dairy producers, ranchers, or those who plan to retire to a farm or dude ranch.

EQUIPMENT LEASING NEWSLETTER

The Anti-Assignment Override Provisions

UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?