USA v. Victor Papagno, No. 09-3002 (D.C. Cir. 2011)
Annotate this CaseAppellant was convicted and sentenced to 18 months imprisonment and ordered to pay $160,000 in restitution to the Naval Research Laboratory ("Research Laboratory") when he stole computer equipment over the course of ten years as an employee of the Research Laboratory. At issue was whether the costs of the Research Laboratory's internal investigation constituted necessary expenses that were incurred during participation in the investigation and prosecution of the offense under the Mandatory Victims Restitution Act ("Act"), 18 U.S.C. 3663A(b)(4). The court reversed the district court's judgment ordering restitution and held that the text of the Act did not authorize restitution for the costs of an organization's internal investigation at least when the internal investigation was neither required nor requested by the criminal investigators or prosecutors.
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