context: A court is permitted to use general points of reference as a starting point for calculating the losses or gains from fraudulent transactions and may make reasonable extrapolations from the evidence established by a preponderance of the evidence at the sentencing proceeding." In other words, as a general principle, extrapolation is an appropriate method by which to calculate a forfeiture money judgment.
citation_a.signal: cf.
citation_a.identifier: 361 Fed.Appx. 252, 254
citation_a.parenthetical: affirming loss calculation for sentencing purposes in excess of $200,000, in health care fraud conviction, where government proved at trial false claims reflecting $107,000 loss and court calculated loss in excess of $200,000 based upon inferences with known data
citation_a.sentence: Cf. United States v. Bryant, 128 F.3d 74, 76 (2d Cir.1997) (“it is permissible for the sentencing court, in calculating a defendant’s offense level, to estimate the loss resulting from his offenses by extrapolating the average amount of loss from known data and applying that average to transactions where the exact amount of loss is unknown”); United States v. Williams, 553 Fed.Appx. 73, 76-77 (2d Cir.2014) (affirming district court’s loss calculation of $4.17 million in bank fraud case even though it was “far above the loss amount documented at trial” where it was based upon extrapolating from the trial testimony the assumption that the scheme involved three days of work per week over a three year period, that the average theft was $200 per bank, and that the defendants visited five banks per day); United States v. Akpan, 361 Fed.Appx. 252, 254 (2d Cir.2010) (affirming loss calculation for sentencing purposes in excess of $200,000, in health care fraud conviction, where government proved at trial false claims reflecting $107,000 loss and court calculated loss in excess of $200,000 based upon inferences with known data).
citation_b.signal: no signal
citation_b.identifier: 551 F.3d 176, 180
citation_b.parenthetical: forfeiture order in food stamp fraud case properly entered in amount equal to loss amount that was calculated based upon extrapolation
citation_b.sentence: United States v. Uddin, 551 F.3d 176, 180 (2d Cir.2009) (forfeiture order in food stamp fraud case properly entered in amount equal to loss amount that was calculated based upon extrapolation).