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Huff: Double-Recovery Victim Windfall Not Proper in Restitution

By Tim Cone

In U.S. v. Huff, No. 08-16272 (June 25, 2010), the Court rejected the argument that the government proved multiple hub-and-spoke conspiracies, not a single conspiracy, but vacated a restitution order.Rejecting Huff?s conspiracy argument, the Court noted that the evidence showed that the defendants interacted with one another and with their co-conspirators. This was not a case where the conspirators were unaware of others? activity. Thus, the evidence established a single conspiracy.The court affirmed the calculation of an $86,938.03 loss amount for sentence enhancement purposes. The Court rejected the argument that the loss amount should be limited by the amount of the kickback the defendant received. The Court noted that the amount of the bribe a defendant receives can be the loss amount, but only if it is not possible to calculate the net benefit of the improper benefit garnered by the defendant...continue to full post

Full post as published by Defense Newsletter Blog on June 28, 2010 (boomark / email).