United States v. Carpenter, No. 15-3563 (8th Cir. 2016)
Annotate this CaseDefendant pleaded guilty to one count of mail fraud arising from a scheme in which he overpaid for commodities to the benefit of certain customers while managing a grain elevator for Bunge. The district court ordered defendant to pay $1,561,516.25 in restitution to Bunge, which included $87,536.65 in attorney's fees and expenses Bunge paid to an outside counsel during the investigation of defendant's fraudulent scheme and his prosecution. The court affirmed the portion of the district court's restitution award which does not include attorney's fees; vacated the portion awarding attorney's fees and expenses; and remanded to the district court to specifically address whether the attorney's fees incurred after the government initiated its own investigation were "necessary" under 18 U.S.C. 3663A(b)(4).
Court Description: Bright, Author, with Wollman and Kelly, Circuit Judges] Criminal case - Sentencing. That portion of the restitution order representing defendant's employer's loss is affirmed; however, the portion of the restitution order representing attorney's fees and expenses the employer paid to an outside counsel during the investigation of defendant's fraudulent scheme and his prosecution is vacated, and the matter is remanded to the district court with directions to address whether the attorney's fees incurred after the government initiated its own investigation were "necessary" under 18 U.S.C. Sec. 3663A(B)(4).
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