U.S.A. v. Mousseau

U.S.A. v. Mousseau, No. 13-50645 (9th Cir. Apr. 10, 2015) (NOT FOR PUBLICATION)
AFFIRMING the district court, the Ninth Circuit Court of Appeals held that the district court did not err in denying debtor's motion to discharge his restitution obligation and to lift the restitution lien. The Mandatory Victims Restitution Act ("MVRA") requires full, not partial, restitution, and the district court did not have the authority to discharge a restitution obligation that was not fully satisfied. The panel noted that a bankruptcy settlement subsequent to the imposition of a criminal restitution obligation does not waive the requirement of full restitution mandated by the MVRA. This is so because restitution serves penal objectives, such as deterrence, rehabilitation, and retribution.
Procedural context:
The district court denied a criminal defendant's motion to determine the enforceability of a restitution order and lift a lien. The defendant appealed pro se.
A criminal defendant filed a chapter 7 bankruptcy case. The district court designated criminal defendant's bankruptcy trustee as the victim and directed defendant to remit payments in connection with a criminal restitution obligation to the trustee so that, in turn, the trustee could return the money to the estate's creditors. The criminal defendant had reached a compromise with the chapter 7 trustee regarding, among other things, payments to be made to his creditors pursuant to his restitution obligations. The defendant moved the district court to determine the enforceability of the restitution obligations and lift a related lien; the district court denied defendant's motion.
D.W. NELSON, TASHIMA, and CLIFTON, Circuit Judges

ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!

About us in numbers

3491 in the system

3372 Summarized

5 Being Processed