United States Second Circuit

In an appeal of a restitution order for conspiracy to commit smuggling and violate the Lacey Act, which prohibits trade in illegally taken fish and wildlife, the district court's judgment is: 1) affirmed as to claims that the district court abused its discretion by relying on the OLRAC Report and Ray Declaration in determining the appropriate amount of restitution; 2) affirmed where South Africa was a "victim" to defendant's offense; and 3) affirmed where the district court did not abuse its discretion by entering the deposit order against defendants; but 4) vacated as to the extent of defendant's liability and remanded for further proceeding.

Appellate Information

• Decided 04/16/2015
• Published 04/16/2015

Judges

• Walker

Court

• United States Second Circuit

Counsel