What is the test for setting the forfeiture amount against the restitution amount?
MultiRegion, United States of America
The following excerpt is from U.S. v. Kalish, 626 F.3d 165 (2nd Cir. 2010):
1 "[O]ffsetting the forfeiture amount" seems to imply using that sum to reduce some other amount, presumably the restitution amount. On the other hand, "offsetting ... by the restitution" seems to imply that the restitution amount is to be subtracted from some other amount, presumably the forfeiture amount. In United States v. Emerson, 128 F.3d 557 (7th Cir.1997), the claim was "to offset the amount of restitution against the value of the forfeited property." Id. at 566 (emphasis added).
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