United States v. Ritchie, No. 16-4036 (4th Cir. 2017)Annotate this Case
Defendant appealed the district court's order of restitution that was imposed after defendant was convicted of making a false statement in a matter within the jurisdiction of the executive branch of the federal government in violation of 18 U.S.C. 1001(a)(2). The Fourth Circuit affirmed and held that it was evident in this case that the district court ordered restitution pursuant to the Mandatory Victims Rights Act (MVRA), 18 U.S.C. 3663; the categorical approach has no role to play in determining whether a Title 18 offense is "an offense against property" that triggers mandatory restitution under the MVRA; given the specific circumstances of defendant's section 1001 conviction, the court had little trouble finding that his false statement on the HUD-1 form was an "offense against property" under the MVRA; and the district court did not err when it determined that defendant's false statement directly and proximately caused harm to Bank of America and thus the Bank was the "victim" within the meaning of the MVRA. The court also held that the district court did not err in awarding restitution to the Bank in the amount of $1,385,444.83.