Massam: No "victim" when the loss is "intended loss" not "actual loss"

In U.S. v. Massam, No. 12-15924 (May 6, 2014), the Court held the loss amount calculated at sentencing for a defendant convicted of embezzlement is not reduced by any “credit” on account of moneys returned to a victim, because the loss was based on “intended loss,” not “actual loss.” The Court explained that the Guidelines define a “victim” as a person who sustained any part of the “actual loss.” “Actual loss” is defined a harm that resulted from the offense. A “victim” therefore does not exist when there is only intended loss. “A thief cannot return money that he never succeeded in stealing.”