United States Second Circuit

In this case, defendant was convicted of one count of conspiracy and four counts of securities fraud and was sentenced to thirty-six months imprisonment followed by three years of supervised release. The district court subsequently ordered defendant to make restitution payments for a total award of over $7.6 million pursuant to the Victims and Witnesses Protection Act (VWPA). The district court's order is vacated in limited part, affirmed as to the remainder of the restitution order, and remanded, where: 1) the restitution order improperly includes legal expenses incurred in connection with a civil arbitration that, while connected to the offense of conviction, was not undertaken or pursued in aid of the prosecution; and 2) non-victims are eligible for restitution only to the extent such payments were made on behalf of the victim.

Appellate Information

• Decided 02/06/2015
• Published 02/06/2015

Judges

• Pooler

Court

• United States Second Circuit

Counsel