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U.S. v. Bengis, No. 07-4895-cr (2nd Cir.) (631 F.3d 33) (January 4, 2011) (Judge Peter W. Hall)

Article • December 1, 2011

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Bengis, No. 07-4895-cr (2nd Cir.) (631 F.3d 33) (January 4, 2011) (Judge Peter W. Hall) by In the government's appeal from two orders denying its applications for a restitution award in favor of the Republic of South Africa, pursuant to, first, the Mandatory Victims Restitution Act (MVRA), and …

U.S. v. Robertson, No. 02-1388 (10th Cir.) (350 F.3d 1109) (December 2, 2003) (Judge Michael W. McConnell)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Using a Computer

U.S. v. Robertson, No. 02-1388 (10th Cir.) (350 F.3d 1109) (December 2, 2003) (Judge Michael W. McConnell) by This case is noted for Judge Brorby's strong dissent in which he accused the majority of ignoring the language of the commentary to the Guidelines in imposing an enhancement under USSG § …

U.S. v. Randle, No. 02-1828 (7th Cir.) (324 F.3d 550) (April 1, 2003) (Judge Michael S. Kanne)

Article • May 1, 2003 • from P&J May, 2003

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Randle, No. 02-1828 (7th Cir.) (324 F.3d 550) (April 1, 2003) (Judge Michael S. Kanne) by Here a divided court held that the district court had committed plain error in awarding restitution to two debtors with respect to whom defendant's bankruptcy fraud conduct was charged but unconvicted, as …

U.S. v. Ubakanma, No. 97-4913 (4th Cir.) (215 F.3d 421) (June 12, 2000) (Judge Robert Bruce King)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Ubakanma, No. 97-4913 (4th Cir.) (215 F.3d 421) (June 12, 2000) (Judge Robert Bruce King) by In this case two defendants pled guilty to conduct that included a $30,000 fraudulent transaction with a specifically named victim in the United Arab Emirates; and, at sentencing, they were ordered to …

U.S. v. Hughey, No. 96-50925 (5th Cir.) (147 F.3d 423) (July 21, 1998) (Judge Harold R. Jr. DeMoss)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Hughey, No. 96-50925 (5th Cir.) (147 F.3d 423) (July 21, 1998) (Judge Harold R. Jr. DeMoss) by Following his appeal which led to the Supreme Court's decision in Hughey v. U.S., 495 U.S. 411 (1990), the same defendant again engaged in criminal activities which led to this appeal. …

U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams) by This is an important Guidelines case on the meaning of the word "victims", holding that the term, as used in USSG § 5K2.3 applies only to the victims of the offense and …

U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams) by The Court held that, despite the absence of any definition of the term "victim" in § 5K2.3, and the use of various definitions of that term in other sections of the Guidelines, …

U.S. v. Cottman, No. 96-5492 (3rd Cir.) (136 F.3d 952) (February 18, 1998) (Judge Jane R. Roth)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Cottman, No. 96-5492 (3rd Cir.) (136 F.3d 952) (February 18, 1998) (Judge Jane R. Roth) by Court not authorizied to order restitution to the FBI as a condition of supervised release.

U.S. v. Malpeso, No. 96-1716, No. 1485 (2nd Cir.) (126 F.3d 92) (September 16, 1997) (Judge Pierre N. Leval)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Malpeso, No. 96-1716, No. 1485 (2nd Cir.) (126 F.3d 92) (September 16, 1997) (Judge Pierre N. Leval) by United States v. Baggett, 125 F.3d 1319 (9th Cir. 1997) (Judge Hall) United States v. Kunzman, 125 F.3d 1363 (10th Cir. 1997) (Judge Logan) United States v. Malpeso, 126 F.3d …

U.S. v. Malpeso, No. 96-1716, No. 1485 (2nd Cir.) (126 F.3d 92) (September 16, 1997) (Judge Pierre N. Leval)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Malpeso, No. 96-1716, No. 1485 (2nd Cir.) (126 F.3d 92) (September 16, 1997) (Judge Pierre N. Leval) by Case held that court may order restitution to cover Government's costs of relocating victims.

U.S. v. Khawaja, No. 93-3216 (11th Cir.) (118 F.3d 1454) (August 7, 1997) (Judge Susan H. Black)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Khawaja, No. 93-3216 (11th Cir.) (118 F.3d 1454) (August 7, 1997) (Judge Susan H. Black) by Case held that the IRS is not a proper "victim" under the restitution statutes for purposes of recovering the costs it incurs in a sting operation. One of the issues raised on …

U.S. v. Khawaja, No. 93-3216 (11th Cir.) (118 F.3d 1454) (August 7, 1997) (Judge Susan H. Black)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Khawaja, No. 93-3216 (11th Cir.) (118 F.3d 1454) (August 7, 1997) (Judge Susan H. Black) by In this case, the Government sought to have restitution paid to the Government for the costs that it incurred in a sting operation. The Court rejected that position, holding that the VWPA …

U.S. v. Vaknin, No. 96-1394 (1st Cir.) (112 F.3d 579) (May 6, 1997) (Judge Bruce M. Selya)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Vaknin, No. 96-1394 (1st Cir.) (112 F.3d 579) (May 6, 1997) (Judge Bruce M. Selya) by United States v. Vaknin, 112 F.3d 579 (1st Cir. 1997) (Judge Selya) United States v. Berardini, 112 F.3d 606 (2nd Cir. 1997) (Judge Kearse) Both of these cases deal with some of …

U.S. v. Reed, No. 95-10118 (9th Cir.) (80 F.3d 1419) (April 11, 1996) (Judge Stephen Reinhardt)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Reed, No. 95-10118 (9th Cir.) (80 F.3d 1419) (April 11, 1996) (Judge Stephen Reinhardt) by The defendant was convicted of being a felon in possession of a firearm. His sentence was enhanced for reckless endangerment during flight and he was ordered to pay $20,000 in restitution based on …

U.S. v. Blake, No. 95-5273 (4th Cir.) (81 F.3d 498) (April 18, 1996) (Judge William W. Jr. Wilkins)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Blake, No. 95-5273 (4th Cir.) (81 F.3d 498) (April 18, 1996) (Judge William W. Jr. Wilkins) by Court affirmed that definition of "victims" is narrower under the VWPA than under the Guidelines.

U.S. v. Kones, No. 95-1434 (3rd Cir.) (77 F.3d 66) (February 20, 1996) (Judge Walter K. Stapleton)

Article • April 1, 1996 • from P&J April, 1996

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Kones, No. 95-1434 (3rd Cir.) (77 F.3d 66) (February 20, 1996) (Judge Walter K. Stapleton) by The defendant in this case was a medical doctor licensed to practice medicine in the Commonwealth of Pennsylvania when a grand jury indicted him on 200 counts of mail fraud in violation …

U.S. v. Elliott, No. 90-3696 (11th Cir.) (62 F.3d 1304) (August 31, 1995) (Judge Stanley F. Jr. Birch)

Article • September 1, 1995

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Elliott, No. 90-3696 (11th Cir.) (62 F.3d 1304) (August 31, 1995) (Judge Stanley F. Jr. Birch) by This is a case dealing with a Ponzi-type scheme, and the restitution issue is which of the investors are "victims" for the purposes of the Victim and Witness Protection Act (18 …

U.S. v. Pepper, No. 94-10321 (5th Cir.) (51 F.3d 469) (April 20, 1995) (Judge Carl E. Stewart)

Article • May 1, 1995

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Pepper, No. 94-10321 (5th Cir.) (51 F.3d 469) (April 20, 1995) (Judge Carl E. Stewart) by Case held that court can order restitution to all the victims of a "scheme", including those not named in the Indictment.

U.S. v. Hoyungowa, No. 89-10485 (9th Cir.) (930 F.2d 744) (April 16, 1991) (Judge Thomas Tang)

Article • January 1, 1994

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Hoyungowa, No. 89-10485 (9th Cir.) (930 F.2d 744) (April 16, 1991) (Judge Thomas Tang) by Case held that § 5K2.3 applies "only to the direct victim of a crime and not to others affected by the crime, such as the [direct victims'] family." (Id., at 747).

U.S. v. DeSalvo, No. 93-10686 (9th Cir.) (41 F.3d 505) (November 30, 1994) (Judge Ronald S.W. Lew)

Article • January 1, 1994

Filed under: Punch And Jurists, Victims - Generally

U.S. v. DeSalvo, No. 93-10686 (9th Cir.) (41 F.3d 505) (November 30, 1994) (Judge Ronald S.W. Lew) by This case is noted for its discussion of the scope of the amendments to the Federal restitution statutes in 1990, following the Supreme Court's Hughey decision, and its affirmance of the principle …