U.S. v. BENGIS

Docket No. 07-4895-cr.

631 F.3d 33 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Arnold Maurice BENGIS, Jeffrey Noll, and David Bengis, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 4, 2011.


Attorney(s) appearing for the Case

Marcus A. Asner , Assistant United States Attorney, ( Celeste L. Koeleveld , Assistant United States Attorney, of counsel), for Michael J. Garcia , United States Attorney for the Southern District of New York, New York, NY, for Plaintiff-Appellant.

Barry A. Bohrer , Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C., New York, NY ( Barbara L. Trencher , on the brief, James Darrow , of counsel), for Defendants-Appellees.

Before: FEINBERG, CABRANES, and HALL, Circuit Judges.


HALL, Circuit Judge:

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"),...

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