Sprint Sales Promotion Fraudsters Win New Sentences on Appeal

Two men convicted of a scheme to defraud Sprint Corp. out of no-upfront-cost smartphones offered as a part of a sales promotion must be re-sentenced because the lower court used the wrong standard for loss, the Third Circuit said Wednesday.

The district court incorrectly relied on the defendants’ intended loss when sentencing Patrick Barkers-Woode and Nana Mensah, the US Court of Appeals for the Third Circuit said.

“That was correct under then-applicable case law,” but United States v. Banks has since held that “loss” within the meaning of the federal sentencing guidelines means the actual loss to the victim, Judge ...