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In U.S. v. Rutkoske , the 2d Circuit rejected the government's argument that the U.S. Supreme Court's analysis in Dura Pharmaceuticals v. Broudo � a civil securities fraud case � does not apply to criminal sentencing. The court stated it sees "no reason why considerations relevant to loss causation in a civil fraud case should not apply, at least as strongly, to a sentencing regime in which the amount of loss caused by a fraud is a critical determinant of the length of a defendant's sentence."
April 28, 2008 at 12:00 AM
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