US v. Bengis, No. 07-4895

Appeal from Restitution Orders

In US v. Bengis, No. 07-4895, 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 second, the Victim and Witness Protection Act (VWPA), the court vacated the orders where 1) had a property interest in rock lobsters unlawfully harvested from its waters by defendants; and 2) was a victim, as defined by the MVRA and VWPA, eligible to receive restitution.

As the court wrote:  "The United States of America appeals from two orders of the United States District Court for the Southern District of New York (Kaplan, J.) denying its applications for a restitution award in favor of the Republic of South Africa pursuant to, first, the Mandatory Victims Restitution Act of 1996 ("MVRA"), 18 U.S.C. § 3663A, and second, the Victim and Witness Protection Act of 1982 ("VWPA"), 18 U.S.C. § 3663."

Related Resources

Read the Second Circuit's Decision in US v. Bengis, No. 07-4895