United States v. Razzouk, No. 18-1395 (2d Cir. 2020)
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Defendant pleaded guilty to one count of accepting bribes and three counts of tax evasion in connection with a bribery scheme that he and others perpetrated while he was an employee of Con Edison. On appeal, defendant argued that the district court erred in its restitution order by incorrectly determining that his bribery conduct was "an offense against property" under the Mandatory Victims Restitution Act (MVRA) and incorrectly calculating the loss to Con Edison caused by the scheme.
The Second Circuit rejected defendant's argument that the MVRA does not support the restitution order to Con Edison. As urged by the government, however, the court vacated the restitution order insofar as it covers investigative costs incurred by Con Edison and remanded to the district court to allow that court to address the effect of Lagos v. United States, 138 S. Ct. 1684 (2018), on its calculation of the restitution amount.
The court issued a subsequent related opinion or order on January 4, 2021.
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