Second Circuit -- United States v. Matthew Marino

United States v. Matthew Marino

No error in District Court holding that although concrete steps in Misprision of Felony prosecution happened outside the charged time of the offense, they can help to indirectly establish scienter during the charged time (implicit , not stated directly in opinion).

Mandatory Victims Restitution Act - 

For misprision, no need to prove individual reliance of victims, presumably if they had known of the fraud, they would not have invested the money.


Presumption is that a whistleblower's whistleblowing would be curative.


Positive steps to conceal fraud can establish MVRA cause-in-fact.


Losses were foreseeable to a reasonable person in defts position.