Archives: restitution

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Government Failure to Prove Actual Losses Means No Restitution to Victims under Restitution Act, Court Rules

The Mandatory Victims Restitution Act of 1996 provides that defendants convicted of crimes committed by “fraud or deceit” must compensate victims for the full amount of their losses. A question that courts often face is whether the government and victim have provided sufficient evidence of their actual losses to obtain restitution under the MVRA. The … Continue Reading

Department of Justice Controversial Asset Forfeiture Program Resumed

On March 28, 2016, the Department of Justice announced it was resuming its contentious “equitable sharing” program that it had suspended only months earlier. The “equitable sharing” program allows liquidated assets seized in asset forfeiture cases to be shared between state and federal law enforcement authorities with local agencies receiving up to 80 percent of … Continue Reading

Law Enforcement Cannot Freeze Assets Not Tied to Crimes, Supreme Court Rules

The U.S. Supreme Court, in a 5–to-3 decision, has ruled that federal law enforcement may not freeze an accused’s assets needed to pay criminal defense lawyers if the assets are not linked to a crime. Luis v. United States, No. 14-419 (Mar. 30, 2016). A federal statute provides that a court may freeze before trial … Continue Reading

Department of Justice’s Asset Forfeiture Program Takes Huge Hit as Congress Eliminates Funding

The Department of Justice is suspending a program allowing local police departments to keep a large portion of assets seized under federal law, the Department announced December 21. This “equitable sharing” program has allowed liquidated assets seized in asset forfeiture cases to be shared between state and federal law enforcement authorities with local agencies receiving … Continue Reading

Supreme Court to Decide Whether Government can Freeze a Defendant’s Lawful Assets Pre-Conviction

Whether the government can freeze all of a defendant’s assets before trial, even where those assets are not tainted by any connection to alleged federal offenses, thereby preventing a defendant from paying for his own defense, will be decided by the U.S. Supreme Court in Luis v. United States, No. 14-419. The federal Mandatory Victims … Continue Reading

Utah Legislature Approves White Collar Crime Registry

In an unprecedented move, the Utah Legislature has approved a measure to create the country’s first white-collar crime offender registry. Similar to convicted sex offenders registries, the measure calls for the publication of white-collar offenders’ names and aliases, a recent photograph, a physical description, and a list of their crimes. Pointing to the trusting nature … Continue Reading

Employer Restitution under Victim Restitution Law (MVRA) Not Offset by Employee’s Canceled Stock Options, Court Rules

The Mandatory Victim Restitution Act of 1996 (“MVRA”) provides that defendants convicted of crimes committed by “fraud or deceit” compensate victims for the full amount of their losses.  Whether the amount of restitution may be offset if an employer-victim actually profited from the fraud or deceit has been a question for the courts. According to … Continue Reading

Restitution for Money Laundering Not Offset by Victim’s Self-Help, Court Rules

The Mandatory Victims Restitution Act of 1996 (“MVRA”) provides that a victim of a federal crime may be entitled to an order of restitution for certain losses suffered as a direct result of the commission of the crime for which the defendant was convicted.  For example, a corporation may be entitled to restitution from an … Continue Reading
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