United States v. Davis

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Remedies
  • Date Filed: 02-01-2013
  • Case #: 11-10584
  • Judge(s)/Court Below: Circuit Judge Wallace for the Court; Circuit Judge Thomas; Concurrence by Circuit Judge Berzon
  • Full Text Opinion

Forfeiture and restitution ordered payable to the government is not double recovery, even if awarded to the same government entity.

Samuel Davis pleaded guilty to money laundering and was ordered to forfeit $1.29 million to the Department of Justice and $95,000 in restitution to the FBI. Davis appealed, claiming that the government was receiving a double recovery and that the restitution should be offset from the forfeiture amount. The Court addressed only the issue of whether damage awards for forfeiture and restitution to the government result in double recovery. “Forfeiture is a punishment for a crime; restitution makes the victim whole again.” The Court determined that forfeiture is a punitive damage award and restitution is a compensatory damage award, so even if the same government agency were to receive both awards, there is no double recovery. AFFIRMED.

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