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Gain From Criminal Activity Not Proper Measure for Restitution

By Jonathan Byrne

US v. Harvey: Harvey and his codefendant, Kronstein, were convicted by a jury of honest services wire fraud and bribery. The convictions arose from an arrangement by which Harvey, a civilian military employee, funnelled a no-bid contract to a company owned by Kronstein. Harvey and Kronstein also moved funds between themselves, using businesses and intermediaries (including their wives) as conduits. Harvey was sentenced to 72 months in prison, Kronstein to 70 months and ordered them, jointly and severally, to pay $383,621 in restitution. They appealed both their convictions and sentences. The Fourth Circuit affirmed the convictions and prison terms, while vacating the restitution award. As to the convictions, the court first concluded that the evidence was sufficient to convict Harvey and Kronstein of honest services wire fraud, rejecting the argument that the Government failed to show either that their scheme involved a material misrepresentation or concealment of fact or that they had the specific intent to defraud...continue to full post

Full post as published by Fourth Circuit Blog on July 22, 2008 (boomark / email).