Second Circuit — Restitution: United States v. Roy Ageloff

U.S. Court of Appeals for the Second Circuit

Restitution

All Writs Act — Restraining of Funds

United States v. Roy Ageloff
11-3474-cr
Judges Pooler, Wesley, Lohier

Background: The defendant-appellant appealed from a restitution order that resentenced him to pay $190 million in restitution to the victims of a massive fraud scheme perpetrated by him and his co-conspirators. The defendant challenged the order on the grounds that the court did not hold an evidentiary hearing prior to resentencing; the eight-year delay in resentencing violated his constitutional rights; the court should have released the money held by the court from the time of his initial sentencing; and that he was entitled to funding for expert services.

Ruling: The Second Circuit affirmed. The court found that a sentencing court may use the All Writs Act to prevent a defendant from frustrating the collection of a restitution debt. The defendant had pled guilty to committing a crime for which restitution is mandatory. As the fraud caused the loss of over $80 million, the eventual restitution order was certain to exceed the amount restrained by the court. The Second Circuit further held that the defendant did not suffer prejudice from the delay, nor was he entitled to an evidentiary hearing for his resentencing.

Scott L. Fenstermaker for the defendant-appellant; Daniel A. Spector, assistant U.S. attorney, for the appellee