US v. Orton, 73 F3d 331 (1996)

What is the proper method of accounting the amount of loss by victims of a Ponzi scheme?

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The Court of Appeals held that the calculation of loss should be accomplished by adding up the amount of money lost by victims of the scheme, the "loss to losing victims method." The Defendant argued that a "net loss" method should be used that offsets the total loss with the profits earned by other investors. The court rejected this method because it under represents the amount of money that the victims lost in the scheme.

Full case and case summary also available online at: http://www.mlmlegal.com/legal-cases/US_v_Orton73F3d331-1996.php

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Published In: Criminal Law Updates, MLM / Direct Sales Updates, MLM Consulting / Network Marketing Updates

Reference Info:Federal, 11th Circuit, Alabama | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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