Temporal Scope and Restitution

Viju Mathew pleaded guilty, without a plea agreement, to “knowingly possessing, with the intent to use unlawfully or transfer unlawfully, five or more authentication features”—health-insurance claim numbers—issued under the authority of the United States. The district court ordered that he pay restitution to Medicare. He appealed the order, and the Fifth Circuit reversed, holding that the district court erred by including amounts that Medicare paid prior to the temporal scope of the conviction. See 18 U.S.C. 3663A (Mandatory Victim Restitution Act). Because the offense of conviction didn’t involve a scheme, conspiracy, or pattern of criminal activity, and because Viju didn’t agree to enlarge the scope of restitution (such as in a plea agreement), the Act required the court to limit the restitution award to the actual loss directly and proximately caused by the offense of conviction.

United States v. Mathew

Peter Smythe

Peter is a federal criminal-defense lawyer who has defended individuals accused of federal crimes, from healthcare fraud to drug crimes to everything in between. He maintains an active appellate practice and is frequently consulted for various sentencing issues, including United States Guideline calculations.

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