Supplemental Sentencing Memorandum — USA v. HARDING (Dkt. 52, N.D. Fla.)

Summary

The government's supplemental sentencing memorandum in United States v. Joseph Harding, Case No. 1:22cr32-AW/MAL, in the U.S. District Court for the Northern District of Florida, filed October 16, 2023 as Document 52. It responds to Harding's objections to the loss calculation in the Presentence Investigation Report (ECF No. 41 and ECF No. 46), including that full repayment before charges meant no loss. Citing U.S.S.G. § 2B1.1 commentary and Eleventh Circuit decisions, the memorandum argues that loss in government benefit cases includes funds diverted to unintended recipients regardless of intent to repay. It concludes that loss should include the $150,000 EIDL proceeds received for The Vak Shack and the proceeds Harding unsuccessfully attempted to receive for Harding Farms, and is signed by Assistant United States Attorney Justin M. Keen.

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