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U.S. Sentencing Commission Rethinks Securities Fraud Punishments

Joe Mont | January 9, 2015

The U.S. Sentencing Commission is considering changes to how securities-related crimes are punished, potentially imposing less jail time upon defendants in securities fraud cases.

The Commission, which sets guidelines used by judges during sentencing hearings, plans to rely on gains obtained by a participant, rather than the traditional assessment of the losses suffered by individual fraud victims or multiple shareholders in a “fraud on the market” case, an offense involving the fraudulent inflation or deflation in the value of a publicly traded security or commodity. The guidelines would also apply to those accused of submitting false information in a public filing...

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