United States v. Torres, No. 11-1009 (2d Cir. 2012)Annotate this Case
Defendant was convicted of theft of government property arising from the fraud she carried out to obtain subsidized housing benefits in New York City. The district court ordered her to pay $11,274 in restitution to the New York City Housing Authority (NYCHA) and to forfeit $11,274 to the United States. The court concluded that because the money defendant was ordered to forfeit was "obtained" by her "indirectly" as a result of her offense, was "traceable to" that offense, and constituted the "net gain" from that offense, the forfeiture order was authorized by the plain language of the relevant forfeiture statue, 18 U.S.C. 981. Although defendant did not challenge the order of restitution, the court also concluded that the imposition of both forfeiture and restitution orders was proper in this case because the orders would be paid to different entities, were authorized by different statutes, and served different purposes. Accordingly, the court affirmed the judgment.