Practitioners and prosecutors clash over restructuring economic‑crimes loss table
DOJ opposed proposed consolidation of the fraud loss table and wide bands that would reduce offense levels for many offenders; defenders and practitioners generally supported simplifying tiers but urged smaller level increases to avoid large sentencing 'cliffs' and suggested replacing intended‑loss emphasis with culpability measures.
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Department of Justice witnesses told the commission that restructuring §2B1.1's loss table by halving the number of tiers and applying large (4‑level) steps would result in widespread reductions for economic offenders and under‑count non‑economic harms. The DOJ argued the change would especially benefit higher‑level white‑collar offenders and would not reduce factual litigation because restitution fact‑finding would still be required in many cases.
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