Amendment: Section 2B1.1(b)(1) is amended by deleting "value of the property taken" and inserting in lieu thereof "loss".
The Commentary to §2B1.1 captioned "Application Notes" is amended in Note 2 by deleting:
"Loss is to be based upon replacement cost to the victim or market value of the property, whichever is greater.",
and inserting in lieu thereof:
"‘Loss’ means the value of the property taken, damaged, or destroyed. Ordinarily, when property is taken or destroyed the loss is the fair market value of the particular property at issue. Where the market value is difficult to ascertain or inadequate to measure harm to the victim, the court may measure loss in some other way, such as reasonable replacement cost to the victim. When property is damaged the loss is the cost of repairs, not to exceed the loss had the property been destroyed. In cases of partially completed conduct, the loss is to be determined in accordance with the provisions of §2X1.1 (Attempt, Solicitation, or Conspiracy Not Covered by a Specific Guideline). E.g., in the case of the theft of a government check or money order, loss refers to the loss that would have occurred if the check or money order had been cashed. Similarly, if a defendant is apprehended in the process of taking a vehicle, the loss refers to the value of the vehicle even if the vehicle is recovered immediately.".
Reason for Amendment: The purpose of this amendment is to clarify the guideline in respect to the determination of loss.
Effective Date: The effective date of this amendment is June 15, 1988.