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United States of America, Appellee, v. Arnold Maurice Bengis, Jeffrey Noll, David Bengis, Defendants-Appellants

Country/Territory
South Africa
Type of court
National - higher court
Date
Apr 16, 2015
Source
UNEP, InforMEA
Court name
United States Court of Appeals
Seat of court
New York City
Judge
Walker, Cabranes, Carney
Reference number
783 F.3d 407 (2015)
Keyword
Ecosystem preservation Legal proceedings/administrative proceedings Fishery management and conservation Offences/penalties Court/tribunal Enforcement/compliance Trade in species
Abstract

The defendants-appelants Arnold Bengis, Jeffrey Noll and David Bengis pleaded guilty to conspiracy to commit smuggling and violate the Lacey Act, which prohibits trade in illegal fish and wildlife, and to substantive violations of the Lacey Act. A restitution order was entered requiring Arnold Bengis, Noll and David Bengis  to pay $22.446.720 to South Africa. The defendants claimed that the restitution order violated their Sixth Amendment rights.

The judgment of the United States Court of Appeals,  Second Circuit, dismissed the appeal, concluding that judicial fact finding t determine the appropriate amount of restitution under a statute that does not prescribe a maximum does not implicate a defendant’s Sixth Amendment rights. David Bengis contention that he should not be held liable for the entire restitution amount is entered for further proceedings.

Full text
13-2543-2015-04-16.pdf