United States Second Circuit

US v. Zangari, 10-4546

In a prosecution of a securities broker for conspiracy to violate the Travel Act, which resulted in a conviction and sentence that included a restitution order under the Mandatory Victim’s Restitution Act (MVRA), the restitution order is affirmed, where: 1) the district court erred in ordering restitution in the amount of the defendant's gain rather than the amount of the victims' loss; but 2) the error would not be noticed, because the defendant failed to object to the restitution calculation before the district court and had not shown that the erroneous restitution order both affected his substantial rights and seriously affected the fairness, integrity or public reputation of judicial proceedings.

Appellate Information

• Decided 04/18/2012
• Published 04/18/2012

Judges

• Jose A. Cabranes

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Randy Zelin, Winston M. Paes