Circuit split · criminal sentencing
Whether the amount of 'loss' under the Sentencing Guidelines for fraud/theft offenses is measured by actual (net) loss or may be based on intended loss
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Kok v. United States17 F3D 247
Eighth Circuit Court of Appeals · February 18, 1994
“However, this Court, acknowledging the split among the circuits, has held that the amount of "loss” does not hinge upon actual loss or "net loss.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
18 U.S.C. § 1014 — Loan and credit applications generally; renewals and discounts; crop insurance
“Whoever knowingly makes any false statement or report, or willfully overvalues any land, property or security, for the purpose of influencing in any way the action of the Federal Housing Administration, the Farm Credit Administration, Federal Crop Insurance Corporation or a company the Corporation reinsures, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, any Farm Credit Bank, production credit association, agricultural credit …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Joined by · 8th Cir.United States v. Prendergast979 F.2d 1289
What the split turns on
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.