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Recent Developments In Restitution Law
The past year has seen no shortage of significant restitution decisions. The Supreme Court, in Robers v. United States, 134 S. Ct. 1854, settled an important, if straightforward, question on the valuation of loan collateral and, at the opposite end of the complexity spectrum, it addressed restitution under the Violence Against Women Act for possession of child pornography, generating multiple dissents, and offering at least a flavor of how the justices might be inclined to approach the general restitution statutes.
But likely of greater significance to the present audience were two cases from the Second Circuit, United States v. Maynard, 743 F.3d 374 (2d Cir. 2013), and United States v. Cuti, 766 F.3d 199 (2d Cir. 2014). Those decisions are important less because they break new ground, than because they affirm existing limits on the scope of restitution of which courts seemed to be losing sight. In the face of some of the more expansive restitution claims currently advanced by victims of financial crimes, Maynard and Cuti should present real obstacles to recovery.
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