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Ninth Circuit adopts invented exception victims' right to restitution

By Douglas A. Berman

A helpful reader altered me to an interesting little unanimous panel opinion from the Ninth Circuit today in US v. Lazarenko, No. 08-10185 (9th Cir. Nov. 3, 2010) (available here).  Here is how the opinion starts: Defendant Pavel Ivanovich Lazarenko, former Prime Minister of Ukraine, was convicted of money laundering and conspiracy to commit money laundering.  See United States v. Lazarenko, 564 F.3d 1026 (9th Cir.), cert. denied, 130 S. Ct. 491 (2009).  In this appeal, Lazarenko challenges the district court?s order of restitution of more than $19 million to his co-conspirator, Peter Kiritchenko.  We hold that, in the absence of exceptional circumstances, a co-conspirator cannot recover restitution.  Because no exceptional circumstances exist here, we reverse and vacate the order of restitution...continue to full post

Full post as published by Sentencing Law and Policy on November 03, 2010 (boomark / email).