United States v. Fast
2012 U.S. Dist. LEXIS 97245
D. Neb.2012Background
- Court determines restitution under 18 U.S.C. § 2259 requires proximate cause for each element.
- Court remanded after appellate concession of error in initial restitution award.
- Court relies on United States v. Burgess to set proximate-cause standard in 'Vicky' restitution context.
- Awarded $3,833 to Vicky for medical/psychiatric care, therapy, lost income, and attorney fees (833) allocated as one-third of 2,500.
- Fast is the sole liable defendant; damages attributable to other participants are excluded.
- Damages prior to June 25, 2010 not awarded; aggregate damages exceed one million dollars.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is proximate cause required for § 2259 restitution? | Vicky entitled to recovery via proximate-cause link. | Prior ruling erred; not all elements require proximate cause. | Yes, proximate cause required for each element. |
| What is the scope and amount of restitution against Fast? | Damages attributable to Fast suffice for full award; damages from others excluded. | Limited liability and scope require per-defendant causation. | Award against Fast; amounts and items specified (medical/psychiatric, therapy, lost income, attorney fees) with specified allocation. |
Key Cases Cited
- United States v. Burgess, 684 F.3d 445 (4th Cir. 2012) (proximate cause in Vicky-series restitution; role of defendant; limited liability)