United States v. Cuti, No. 13-2042 (2d Cir. 2014)Annotate this Case
Defendant, the former CEO and board chairman of Duane Reade, appealed the district court's award of restitution after he was convicted of one count of conspiracy to make false statements and four counts of securities fraud. The court affirmed the district court's determination that Oak Hill should be awarded restitution as a "non-victim," and Duane Reade's employees' attorneys fees were properly subject to restitution; the court vacated and remanded for further proceedings as to whether Duane Reade's payment of fees and costs to Paul, Weise and Cooley constitute "necessary" expenses under the Victims and Witnesses Protection Act (VWPA), 18 U.S.C. 3663; and, on remand, the district court is free to exercise its discretion as to whether "determining complex issues of fact related to the cause or amount of the victim's losses would complicate or prolong the sentencing process to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing process."
The court issued a subsequent related opinion or order on February 6, 2015.