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In The Courts
U.S. Law Prevails over 'Foreign Investment Company'
The Second Circuit Holds That Whether a Crime Victim Is a “Foreign Investment Company” under the Sentencing Guidelines Depends on United States Law, and Not the Law of the Fraud Victim's Location
In United States v. Savin, 2003 WL 22481035 (2d Cir. Nov. 4, 2003), Patrick Savin pleaded guilty to one count of wire fraud and one count of perjury arising out of his alleged misrepresentations to a Luxembourg company, Mezzonen S.A., during the course of providing investment advisory and portfolio management services. By agreement of the parties, the district court applied the 1995 version of the Sentencing Guidelines to Savin's sentence. The parties disputed the applicability of ' 2F1.1(b)(6)(B), which provided for a four-level sentence enhancement “if the offense affected a financial institution and the defendant derived more than $1 million in gross receipts from the offense.” This section has since been amended and moved to ' 2B1.1(12)(A), and now provides for a two-level sentence enhancement “if the defendant derived more than $1 million in gross receipts from one or more financial institutions as a result of the offense.”
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