USA v. James Abrams
Split Score
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Case Summary
Disposition
Affirmed in Part
A federal jury convicted James P. Abrams of multiple counts of fraud, identity theft, money laundering, and related offenses stemming from a clean-energy investment scheme. On appeal, the Third Circuit upheld all convictions and the 72-month prison term, rejected challenges to jury instructions and sufficiency of the evidence, but held that the MVRA does not permit restitution of victims’ attorneys’ fees, vacating that portion of the award and remanding for a revised judgment.
Circuit Split Identified
Legal Issue
Whether victims may recover attorneys’ fees as “other expenses” under 18 U.S.C. § 3663A(b)(4) of the Mandatory Victims Restitution Act.
Circuit Positions
Attorneys’ fees ARE recoverable as “other expenses” under § 3663A(b)(4).
Attorneys’ fees are NOT recoverable under § 3663A(b)(4).
Conflict Summary
The Third Circuit concluded that the residual phrase “other expenses” in § 3663A(b)(4) is limited to attendance-related costs such as child-care, transportation, or lost income, and therefore does not encompass attorneys’ fees. The First, Second, and Sixth Circuits have permitted restitution of attorneys’ fees incurred by victims during the government’s investigation or prosecution, reading the same phrase broadly to include such professional costs.