Financial Institutions Not Victims Under MVRA, 2nd Circuit Panel Rules

(December 9, 2019, 2:09 PM EST) -- NEW YORK — A Second Circuit U.S. Court of Appeals panel on Dec. 3 ruled that although evidence provided by government prosecutors in a criminal trial against two alleged securities fraudsters was sufficient and a federal judge’s jury instruction and jury charges were not erroneous, a district court abused its discretion in ordering the defendants to pay more than $18 million in restitution pursuant to the Mandatory Victims Restitution Act of 1996 (MVRA) because the defendants did not proximately cause the financial losses totaling that amount (United States v. Pablo Calderon, et al., Nos. 17-1956, 17-1969, 17-2844 & 17-2866, 2nd Cir., 2019 U.S. App. LEXIS 35827)....

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