United States Second Circuit

In the government's appeal from two orders denying its applications for a restitution award in favor of the Republic of South Africa, pursuant to, first, the Mandatory Victims Restitution Act (MVRA), and second, the Victim and Witness Protection Act (VWPA), the orders are vacated where South Africa: 1) had a property interest in rock lobsters unlawfully harvested from its waters by defendants; and 2) was a victim, as defined by the MVRA and VWPA, eligible to receive restitution.

Appellate Information

• Decided 01/04/2011
• Published 01/04/2011

Judges

• Peter W. Hall

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Marcus A. Asner, Barry A. Bohrer