Guest James Marsh is a New York attorney doing ground-breaking work to obtain restitution for victims of child porn from downloaders. The Fifth Circuit recently held in favor of two victims, while other jurisdictions have refused to extend restitution to downloaders.
During the past two years, victims of child pornography (represented by the Marsh Law Firm and pioneering attorneys Paul G. Cassell and Carol L. Hepburn) have been seeking restitution in federal courts throughout the country.
Almost twenty years ago Congress, led by then-Senator Joe Biden, passed a law as part of the Violence Against Women Act which requires federal district courts to award mandatory restitution to child pornography victims for the "full amount of the victim's losses." 18 U.S.C. § 2259(B)(3). Among the losses covered by the statute are psychiatric care, ...
HOUSTON - Victims of child pornography around the country could have an easier time getting restitution from those convicted of possessing such images, according to a federal appeals court ruling this week in a Texas case.
But legal experts say the issue now may have to be decided by the U.S. Supreme Court because courts throughout the United States are split on how to award such compensation.
The 5th U.S. Circuit Court of Appeals on Tuesday ruled that federal restitution law doesn't generally require victims to specifically detail how an individual defendant has ...
Marsh says proximate cause should not matter in determining whether Amy receives restitution.
"We think that the standard is harm. It's not cause," Marsh says. "If the victim was harmed by the criminal defendant's conduct, then she is entitled to restitution under this statute."
The stipulation that Amy did not know who Paroline is or that he possessed her images is a "red herring" in the case, Marsh says.
"It's clear that the victim knows that unlimited numbers of unknown individuals are engaging in this illegal activity. And that knowledge need not be particul...
A federal judge in Texas Monday sentenced a man to two years in prison for possession of child porn, but refused to make him pay $3.4 million in restitution to the girl in the pictures. Prosecuting lawyers called the ruling a setback for victims of child porn.
The Paroline restitution case in Tyler, Texas, was seen as an important test of a tough anti-child pornography law in which federal prosecutors were seeking to impose the same high level of restitution on those found in possession of child pornography as would be imposed against those who physically abused a ...
A groundbreaking and complex issue of restitution -- which attorneys for Amy claim she is entitled to from those who possessed illegal photos of her -- is spreading around the country and has become part of Paroline's Tyler case, the first in East Texas.
Assistant U.S. Attorney Bill Baldwin, Paroline's defense attorney F.R. "Buck" Files Jr. and New York attorney for Amy, James Marsh, stated their views on the issue and answered questions by U.S. District Judge Leonard Davis during a three-hour hearing Thursday. But more time, resources and information are needed before ...