US v. Lazarenko, No. 08-10185

Criminal Restitution Order Reversed

In US v. Lazarenko, No. 08-10185, the prosecution of the former Prime Minister of Ukraine for money laundering and conspiracy to commit money laundering, the court reversed the district court's order awarding $19 million in restitution to defendant's co-conspirator, holding that, in the absence of exceptional circumstances, a co-conspirator cannot recover restitution.

As the court wrote:  "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."

Related Resources

• Read the Ninth Circuit's Decision in US v. Lazarenko, No. 08-10185