The DOJ's announcement of “Operation Malicious Mortgage” (OMM) reflects a tidal wave of mortgage fraud prosecutions.
Bringing Sentencing Sanity to Operation Malicious Mortgage
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.
By
Evan A. JennessThis premium content is locked for Business Crimes Bulletin subscribers only
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