United States District Court, D. Oregon
OPINION & ORDER
A. HERNÁNDEZ UNITED STATES DISTRICT COURT JUDGE
the Court is the Government's Motion for Restitution
. The Government seeks an order of restitution under the
Trafficking Victims Protection Act of 2000
(“TVPA”), 22 U.S.C. §§ 7101-7114, in
the amount of $222, 700 and under the Mandatory Victim
Restitution Act (“MVRA”), 18 U.S.C. § 3663A,
in the amount of $2, 257.79. The Court GRANTS the Motion in
part and DENIES the Motion in part.
an eleven-day trial, a jury found Defendant guilty of one
count of sex trafficking conspiracy, two counts of sex
trafficking, and one count of obstruction. See
Verdict Form, ECF 281. After trial, the Government filed a
forfeiture motion seeking, in part, a money judgment against
Defendant for the proceeds that he obtained as the result of
his crimes. See Gov't Forfeiture Mot. 31, ECF
300. The Court granted the Government's forfeiture
motion. See Nov. 3, 2017, Op. & Order, ECF 334.
In particular, the Court held that the Government had proven
by a preponderance of the evidence that Defendant obtained
proceeds from sex trafficking victims A.F.W., T.H., A.C.W.,
C.H, and D.J. Id. at 15. Accordingly, the Court
entered an in personam money judgment against
Defendant in the amount of $600, 000 ($222, 700 in proceeds
from sex trafficking victims and $377, 300 in facilitating
property). Id. at 16-17.
the Government has filed its motion seeking restitution for
the victims identified above for the same sums of money that
the Court previously included in its forfeiture order.
Specifically, the Government seeks the following amounts of
the victims' losses under the TVPA based on
Defendant's “gross proceeds” or
Mot. for Restitution 11, ECF 343. In addition, the Government
seeks restitution under the MVRA for T.H.'s mother, M.M.,
for shelter, clothing, transportation, and basic needs in the
amount of $2, 257.79. Id. Defendant has filed his
brief in opposition to the Government's Motion.
See Def.'s Resp. to Gov't Mot. for
Restitution, ECF 348.
must order restitution under the TVPA for any offense under
chapter 77 which includes sex trafficking by force, fraud, or
coercion under 18 U.S.C. § 1591. See 18 U.S.C.
§ 1593(a). The TVPA requires that the defendant pay the
victim the “full amount of the victim's
losses” which means “the greater of the gross
income or value to the defendant of the victim's services
or labor or the value of the victim's labor as guaranteed
under the minimum wage and overtime guarantees of the Fair
Labor Standards Act.” 18 U.S.C. § 1593(a)(3)
(internal citation omitted). “The statutory language is
clear that mandatory restitution includes not only the
victims' actual losses, but also the defendant's
ill-gotten gains.” United States v. Webster,
No. 08-30311, 2011 WL 8478276, at *3 (9th Cir. Nov. 28,
2011); see also United States v. Fu Sheng Kuo, 620
F.3d 1158, 1164 (9th Cir. 2010) (same).
MVRA requires mandatory restitution “in all sentencing
proceedings for convictions . . . for, any offense . . . that
is . . . a crime of violence[.]” 18 U.S.C. §
3663A(c)(1). The term “crime of violence” means:
(a) an offense that has as an element the use, attempted use,
or threatened use of physical force against the person or
property of another, or
(b) any other offense that is a felony and that, by its
nature, involves a substantial risk that physical force
against the person or property of another may be used in the
course of committing the offense.
18 U.S.C. § 16. The amount of restitution will be upheld
“if the district court is able to estimate, based upon
facts in the record, the amount of the [victims] loss with
some reasonable certainty.” United States v.
Doe, 488 F.3d 1154, 1159-60 (9th Cir. 2007). Restitution