Ninth Circuit Upholds Judge-Issued Restitution Order in Film Executives’ FCPA Appeal

Life is not always glamorous in Hollywood.  Just ask Los Angeles film executives Patricia and Gerald Green.  They already have served six months in prison and three years supervised release in connection with their 2009 FCPA conviction, and recently lost their appeal to the Ninth Circuit of a district court decision ordering them to pay $250,000 in restitution.  The Greens argued in the appeal that the lack of a jury finding of “an identifiable victim or victims” who suffered a pecuniary loss (as required by the Mandatory Victims Restitution Act) made the restitution order issued by a judge improper under Supreme Court precedent.  A three-judge panel of the Ninth Circuit disagreed with the Greens.  This article explains the background of the case and summarizes the Ninth Circuit's decision and legal analysis.

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