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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.

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