Thursday, May 14, 2015

In re Her Majesty the Queen in Right of Canada, No. 15-71346 (per curiam; panel is the May 2015 motions panel) --- The panel denied a mandamus petition filed under the Crime Victims Rights Act by the Government of Canada, seeking restitution for certain monies it lost as a result of fraudulent schemes involving American renewable fuel credits.  The CVRA isn't a substantive basis for seeking a restitution award, but merely a vehicle for vindicating the right to prompt determination of restitution.  And in any event Canada wasn't a victim of the fraud schemes here, because they were targeted at American companies.  This conclusion meant that the panel didn't have to address whether Canada is a "person" who has standing to invoke the statutory victims' rights under the CVRA.

The decision is here:


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