United States Second Circuit

In a conviction for failure to file Currency Transaction Reports (CTR) in violation of 31 U.S.C. section 5313, 5322(a), district court's orders of forfeiture and restitution are vacated where: 1) the court lacked an adequate factual record to determine whether the forfeiture ordered by the district court constituted an excessive fine; 2) the district court lacked authority under Hughey v. US and US v. Gill to impose as a condition of supervised release restitution to a victim of fraud who wrote a check cashed by defendant, because the victim's losses were not directly caused by defendant's failure to file CTRs; and 3) restitution can be ordered as a condition of supervised release under 18 U.S.C. section 3583(d), 3563(b)(2) only to compensate for losses caused by the specific conduct that is the basis for the offense of conviction.

Appellate Information

• Decided 01/30/2009
• Published 01/30/2009

Judges

Court

• United States Second Circuit

Counsel