Quiz 2 Review (JLC - 315)

United States v. Kousisis

A legal case involving arguments pertaining to the wire fraud statute.

Defense arguments regarding the wire fraud statute

• The defense argued that in the absence of an intent to cause harm to the victim's property, there could be no wire fraud. 

• The defense argued that there are contract remedies, civil fraud claims, and even lesser criminal charges available to the government to prosecute cases like this

Government responses to defense arguments

• The government argued that the fraudulent-inducement theory's materiality standard is widely used in fraud law. 

• The government argued that Congress passed the wire fraud statute because it judged that tamping down on a wide range of fraud is an important federal interest. 

• The government argued that harm to a victim's property interest occurs whenever money changes hands as a result of a defendant's deception

Court questions in United States v. Kousisis

Whether deception to induce a commercial exchange can constitute mail or wire fraud, even if inflicting 2 Page 8 economic harm on the alleged victim was not the object of the scheme

Goals of sentencing guidelines

To promote consistency, proportionality, and fairness in sentencing across similar offenses.

How and when sentencing guidelines were created

Sentencing guidelines were established by the Sentencing Reform Act of 1984 to standardize punishment.

How sentencing guidelines work

They provide a framework for judges to determine appropriate sentences for criminal offenses.

How sentencing guidelines are calculated

Based on base offense levels, criminal history, and adjustments for various factors.

What is a departure

A departure is a variation from the sentencing guidelines based on specific circumstances.

Departures for substantial assistance

Departures granted when a defendant provides significant help to law enforcement in investigations or prosecutions.

What is a variance

A variance refers to a sentence that differs from the guideline range due to unique circumstances of the case.

Statutory factors and their relationship to sentencing guidelines

Statutory factors are elements in the law that judges must consider; they interact with the guidelines to inform sentencing decisions.

Mandatory minimums

Legally established minimum sentences that must be imposed for certain offenses, regardless of the guidelines.