U.S. Ninth Circuit - The FindLaw 9th Circuit Court of Appeals Opinion Summaries Blog

US v. Berger, No. 08-50171

Defendant's bank and securities fraud sentence is vacated where, although the Dura Pharmaceuticals loss causation standard did not apply to criminal securities fraud, the district court applied an erroneous standard of proof in determining total loss for sentencing enhancement purposes.

Read US v. Berger, No. 08-50171

Appellate Information

Argued and Submitted June 1, 2009

Filed November 30, 2009


Opinion by Judge Smith


For Appellant:

Paul J. Watford, Jacob S. Kreilkamp, and Alexandra Lang Susman, Munger, Tolles & Olson LLP, Los Angeles, CA

For Appellee:

Leon W. Weidman and Brent A. Whittlesey, Assistant United States Attorneys, Los Angeles, CA