United States Federal Circuit

Determining the amount of government restitution using the value of the benefits received by the government due to the plaintiff's performance is an appropriate method of fashioning a remedy.

Appellate Information

• Decided 07/24/2001
• Published 07/24/2001

Judges

• MICHEL, Circuit Judge., Before MICHEL, Circuit Judge, ARCHER, Senior Circuit Judge, and SCHALL, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Paul M. Fish, Modrall, Sperling, Roehl Harris & Sisk, P.A., of Albuquerque, NM, argued for plaintiff-appellant.   With him on the brief was R.E. Thompson., John V. Thomas, Associate General Counsel, Federal Deposit Insurance Corporation-Receivership Goodwill, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Richard S. Gill, John M. Dorsey, III, Dorothy A. Doherty, of Washington, DC;  and Norman Friedman, Richard S. Falkow, and Richard H. Kamp, of Dallas, TX., Jerry Stouck, Spriggs & Hollingsworth, of Washington, DC, for amicus curiae Plaintiffs' Coordinating Committee.


• For Appellees:
  
• David M. Cohen, Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-cross appellant.   With him on the brief were Jeanne E. Davidson, Deputy Director;  Arlene P. Groner, Glenn Chernigoff, Gary Dernelle, Richard B. Evans, Tom Forgue, Elizabeth Frank, Craig Gottlieb, Joanne Johnson, Delisa Sanchez, Tarek Sawi, and Tonya J. Williams, Trial Attorneys.