Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Ninth Circuit clarifies limit on restitution award in illegal prostitution case

By Douglas A. Berman

An interesting little opinion today from the Ninth Circuit in US v. Kuo, No. 08-10314 (9th Cir. Dec. 3, 3009) (available here), documents a limit (and perhaps an unfortunate one) on a federal restitution sentence. Here is how the opinion starts and a key paragraph: Defendants Fu Sheng Kuo and Shengji Wang appeal the imposition of restitution following their pleas of guilty to violating 18 U.S.C. § 241, Conspiracy to Violate Civil Rights. Defendants ?knowingly and willfully conspired to injure, oppress, threaten, and intimidate [Chinese women] recruited for and engaged in prostitution, in the Territory of American Samoa.?  As we explain below, restitution for ?lost income,? 18 U.S.C. § 3663, is not the same as disgorgement of all of Defendants? ill-gotten gains from the victims? forced prostitution...continue to full post

Full post as published by Sentencing Law and Policy on December 03, 2009 (boomark / email).