context: Although we have not previously addressed the issue of the duration of a bankruptcy fraud for the purpose of setting loss under the Guidelines, other circuits have held that bankruptcy fraud is a continuing offense which lasts until it is detected or its consequences are purged.
citation_a.signal: cf.
citation_a.identifier: 277 F.3d 481, 487-88
citation_a.parenthetical: in bankruptcy concealment action, calculation of fraud loss should take into account relevant conduct under Guideline SS 1B1.3 that occurred after defendant's initial bankruptcy filing where it was linked to the bankrupt estate
citation_a.sentence: See United States v. Stein, 233 F.3d 6, 18-19 (1st Cir.2000) (“concealment by its nature is an act which goes on until detected or its consequences are purged ... [h]ence it was proper for the court to base its intended loss findings on the value of the property at the time of the sale,” not at the time of concealment); cf. United States v. Butner, 277 F.3d 481, 487-88 (4th Cir.2002) (in bankruptcy concealment action, calculation of fraud loss should take into account relevant conduct under Guideline § 1B1.3 that occurred after defendant’s initial bankruptcy filing where it was linked to the bankrupt estate); United States v. Moody, 923 F.2d 341, 351 (5th Cir.1991) (noting that concealment of bankruptcy assets is a “continuing offense”).
citation_b.signal: see
citation_b.identifier: 233 F.3d 6, 18-19
citation_b.parenthetical: "concealment by its nature is an act which goes on until detected or its consequences are purged ... [h]ence it was proper for the court to base its intended loss findings on the value of the property at the time of the sale," not at the time of concealment
citation_b.sentence: See United States v. Stein, 233 F.3d 6, 18-19 (1st Cir.2000) (“concealment by its nature is an act which goes on until detected or its consequences are purged ... [h]ence it was proper for the court to base its intended loss findings on the value of the property at the time of the sale,” not at the time of concealment); cf. United States v. Butner, 277 F.3d 481, 487-88 (4th Cir.2002) (in bankruptcy concealment action, calculation of fraud loss should take into account relevant conduct under Guideline § 1B1.3 that occurred after defendant’s initial bankruptcy filing where it was linked to the bankrupt estate); United States v. Moody, 923 F.2d 341, 351 (5th Cir.1991) (noting that concealment of bankruptcy assets is a “continuing offense”).