Sentencing Commission Revisits Fraud-on-the Market Guidelines by Gregory J. O'Connell and Vera Kachnowski * At the start of each year, the United States Sentencing Commission proposes amendments to the Sentencing Guidelines. While the 2016 proposed amendments are currently Part D makes certain technical and stylistic changes to the Guidelines Manual. First, it amends the Commentary to § 2B1.1 (Theft, Property Destruction, and Fraud) to provide updated references to the definitions contained in 7 U.S.C. 1a, which were renumbered by Public Law 111-203 (July 21, 2010). 2009 FEDERAL SENTENCING GUIDELINES MANUAL. CHAPTER 2 from the offense, whichever is greatest, exceeded $5,000, increase by the number of levels from the table in §2B1.1 (Interpretation of References to Other Offense Guidelines). 6. On April 9, 2015, the United States Sentencing Commission voted to approve changes to §2B1.1 of the sentencing guidelines. 1 The changes will take effect on Nov. 1, 2015, unless Congress objects. If they go into effect, these proposed amendments could have important implications for those facing criminal fraud charges. Sentencing Manual and Money Laundering. As for tallying a sentence that corresponds with violations of the various money laundering crimes (see the list of U.S.C.(United States Code) statutes above), Part S of the 2016 Federal Sentencing Guidelines Manual is entitled "Money Laundering And Monetary Transaction Reporting," and provides the The proposed sentence may increase or decrease under the Guidelines Manual, depending upon the circumstances of the case. For instance: If the doctor billed over $1,000,000 in government health insurance claims, then the offense level goes up (see, e.g., 2016 Sentencing Manual §2B1.1(b)(8)); but Where "there is a loss but it reasonably cannot be determined"—as is often the case when a corporation has profited through bribery—a defendant's monetary gain can be used as an alternative measure of loss. United States Se