"Under the MVRA
, a victim also has the right to restitution for reasonable expenses, including 'lost income, and necessary child care, transportation and other expenses,' to attend proceedings related to the offense.
defendant may settle a restitution payment under the MVRA
is one that
In seeking to apply the MVRA
, the federal prosecutor had to prove the defendant committed a crime of violence that resulted in bodily injury, looking to [section] 16(b) to determine whether the offense was a crime of violence.
(251.) Mandatory Victims Restitution Act of 1996 ("MVRA
(36) The court also relied heavily on a contextual interpretation of [section] 2259, arguing [section] 2259 provides greater protection for victims than do the VWPA or MVRA
, and therefore, a narrow interpretation of its proximate causation requirement would be "contrary to the purposes of restitution under [section] 2259." (37) In direct contradiction to the rulings of the Second, Ninth, and Eleventh Circuits, the First Circuit held that proof of specific linkage between a defendant's offense and a victim's harm is unnecessary for finding proximate causation satisfied in possession cases.
(319) Prior to the passage of the MVRA
, a federal judge testified before the Senate Judiciary Committee that mandatory restitution "without consideration of a defendant's ability to pay would be a misallocation of judicial resources, and taxpayer dollars, and is unlikely to result in any appreciable increase in compensation to victims of crime." (320)
As a decision tool MvRA
guides the fund manager to take instant action whenever the boundaries pertaining to their action are about to cross the boundaries defined by mutual fund investors.
The Ninth Circuit Court of Appeals has ruled that garnishment of vested benefits pursuant to the MVRA
is an exception to the anti-alienation restrictions of ERISA.
The definition of victim under the Guidelines and MVRA
need not be identical.
2005) (collecting authority rejecting the application of Apprendi and Blakely to criminal forfeiture); see also Brian Kleinhaus, Note, Serving Two Masters: Evaluating the Criminal or Civil Nature of the VWPA and MVRA
Through the Lens of the Ex Post Facto Clause, the Abatement Doctrine, and the Sixth Amendment, 73 FORDHAM L.
), petitioners point out that it demands restitution of the lost tax revenue to Canada.
The bodyshop was presented with the title after a series of inspections and random audits by the MVRA