California Court of Appeal

In a prosecution of defendants for their involvement in connection with selling counterfeit compact discs, trial court's order requiring them to pay $14,606.66 in restitution to the Recording Industry Association of America (RIAA) is vacated as the RIAA is not a direct victim because it was not the object of defendants' crimes and it cannot claim lost profits or other losses caused by defendants' crimes, and thus, under the circumstances of this case, the trial court erred by relying on the Ortiz court for the proposition that RIAA can "stand in the shoes" of its members, who are not identified or known, and may obtain restitution when the specific damage to the anonymous members has not been established.

Appellate Information

• Decided 10/12/2010
• Published 10/12/2010

Judges

• Richli

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• John L. Dodd, Edmund G. Brown, Jr