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Second Circuit Review: Second Circuit Proscribes Restitution Based on Defendant's Illicit Gains
June 1, 2012
Litigation partners Marty Flumenbaum and Brad Karp's Second Circuit Review column appeared in the May 23 issue of the New York Law Journal. The authors discuss United States v. Zangari, in which the U.S. Court of Appeals for the Second Circuit held that restitution paid by a criminal defendant must be based on the victim's loss rather than the defendant's gain. The court concluded that the Mandatory Victims Restitution Act, the federal statute that delineates a federal district court's power to order restitution in criminal cases, requires that restitution be calculated with reference to the victim's actual loss. Litigation associate Gregory F. Laufer assisted in the preparation of the article.