Opinion
20-cr-188 (JSR)
06-15-2021
UNITED STATES OF AMERICA v. HAMID AKHAVAN & RUBEN WEIGAND, Defendants.
ORDER
JED S. RAKOFF, U.S.D.J.
U.S.S.G. § 2B1.1 Application Note 3(B) provides: "The court shall use the gain that resulted from the offense as an alternative measure of loss only if there is a loss but it reasonably cannot be determined." The parties are directed to address in their papers due tonight whether the Court should apply this application note and, if so, how much each defendant gained from the offense.