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More Circuit Activity About The Meaning Of ?Victim? In § 2B1.1

By Douglas A. Berman

            As previously discussed here, the Fifth Circuit held on Tuesday that the reimbursed credit card holders in a fraud conspiracy were not ?victims? within the meaning of § 2B1.1 because the district court did not point to any evidence establishing their pecuniary loss.  Today, the Second Circuit ruled in United States v. Emmanuel Abiodun, et al. (available here) that individuals who are reimbursed by banks or credit card companies in the aftermath of a fraud scheme may qualify as ?victims? for purposes of § 2B1.1 if there is evidence that they incurred a measurable monetary harm: ?We agree with the Sixth Circuit and Eleventh Circuit that individuals who are ultimately reimbursed by their banks or credit card companies can be considered ?victims? of a theft or fraud offense for purposes of U...continue to full post

Full post as published by Sentencing Law and Policy on July 30, 2008 (boomark / email).