Assuming 40% drop in fair market value per vehicle is reasonable when determining economic loss resulting from odometer tampering
SENTENCING United States v. Sutton, No. 07-1223, ___ F.3d ___ (10th Cir. Apr. 3, 2008)(Colorado). Appeal of sentence for mail fraud and odometer tampering in violation of 18 U.S.C. § 1341, 49 U.S.C. §§ 32703(2) and 32709(b), and 18 U.S.C. § 2. HELD: District court’s method of calculating economic loss resulting from odometer tampering was proper where court multiplied number of vehicles by $4000 or 40% of average purchase price paid per vehicle by each victim. Declaration by vehicle valuation expert that “not actual mileage” title diminishes vehicle fair market value by 40%-50% provided reasonable basis for estimating loss at 40% of average purchase price. Read the opinion here. |
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