United States v. Polukhin, No. 17-1084 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed defendant's restitution order after she pleaded guilty to one count of aiding and abetting the solicitation and receipt of kickbacks in return for referring patients to a pharmacy. The court held that the district court did not clearly err in finding that defendant conspired with others to defraud the United States of an amount that justified the award. In this case, the offense of conviction did not authorize the amount of restitution ordered, but defendant's plea agreement allowed the court to consider other criminal conduct that would justify restitution. The court noted that, although defendant apparently did not ask the district court to retain the funds in its registry pending appeal, the clerk's disbursal of funds to victims did not moot the appeal, and the court had not been notified that defendant paid this amount to the district court or that the court disbursed such funds to victims.