Legal Definitions - defendant's gain

Defendant's gain refers to the total financial or material benefit a person accused of a crime obtains directly as a result of their illegal actions. This includes any money, property, or other valuable assets acquired through the commission of the crime. Courts often consider the defendant's gain when determining appropriate penalties, such as the amount of a criminal fine or the restitution owed to victims.

Here are some examples illustrating the concept of defendant's gain:

• Example 1: Embezzlement

  An office manager, entrusted with company finances, systematically diverts $75,000 from the business's operating account into their personal bank account over a period of six months. This act constitutes embezzlement.

  How it illustrates defendant's gain: The $75,000 that the office manager illicitly transferred and acquired for personal use is considered their defendant's gain. This is the direct financial benefit they obtained by committing the crime.

• Example 2: Fraudulent Sale of Stolen Goods

  A person steals a collection of rare comic books valued at $20,000. They then sell these stolen comic books online to various unsuspecting collectors, receiving a total of $18,000 from the sales.

  How it illustrates defendant's gain: The $18,000 received from selling the stolen comic books represents the defendant's gain. This is the monetary value they acquired by fraudulently disposing of property obtained through theft.

• Example 3: Illegal Cost Avoidance

  A construction company, seeking to cut costs, illegally disposes of several tons of hazardous building waste in an unpermitted landfill, thereby avoiding the $50,000 fee they would have incurred for proper, legal hazardous waste disposal.

  How it illustrates defendant's gain: The $50,000 in legitimate disposal fees that the company avoided paying through its illegal actions is considered the defendant's gain. Even though they didn't directly receive money, they financially benefited by saving a significant expense through criminal conduct.