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The Paul, Weiss Litigation Department is led by a team of the country’s most accomplished trial lawyers. Our litigators in New York, San Francisco and Washington, D.C. handle the most complex and demanding lawsuits, class actions, government investigations, criminal prosecutions and restructurings. Our clients include Fortune 50 corporations and other prominent companies in the financial services, investment, medical device, pharmaceutical, sports, technology, energy, media and insurance industries. Every day, we are called on by chief executives, board chairs, general counsel, investors and entrepreneurs for our unmatched trial skills, sophisticated business judgment and renowned strategic advice.
November 20, 2020
Litigation of counsel Martin Flumenbaum and firm chairman Brad Karp’s latest Second Circuit Review column, “A Non-Categorical Approach to Federal Restitution,” appeared in the November 18 issue of the New York Law Journal. The authors discuss a recent Second Circuit decision that construed “offense against property” under the Mandatory Victims Restitution Act (MVRA) by holding that a categorical approach should not apply to federal restitution orders under the MVRA, thereby making restitution contingent on the manner in which the offense was committed rather than on the crime’s elements. The Second Circuit’s decision in United States v. Razzouk signals that, despite the prevalence of the categorical approach in other contexts such as immigration and sentencing, courts may be receptive to arguments that other criminal (if not civil) statutes call for case-specific approaches. More concretely, corporations whose employees engage in bribery to the detriment of the corporation, as in Razzouk, may be entitled to restitution. Litigation associate Melina Meneguin Layerenza assisted in the preparation of this column.
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