United States v. Bodouva, No. 16-3937 (2d Cir. 2017)Annotate this Case
Defendant appealed her conviction of one count of embezzling funds from her company's 401(k) plan, and the forfeiture order entered against her. The court affirmed the conviction in a summary order issued contemporaneously with this opinion. At issue here was the amount of defendant's forfeiture order. The court held that mandatory criminal forfeiture amounts may not be reduced by the amount of restitution in the absence of specific statutory authorization for such an offset. Because the district court lacked the discretion to reduce defendant's forfeiture order in this case, the court affirmed as to this issue.