United States v Ferdman

Ferdman appealed the restitution order component of his sentence arguing lack of proof. The panel agreed and reversed and remanded. It held that under 18 USC 3664, all criminal restitution orders must be supported by evidence of actual loss. Here, the government did not provide any evidence to support its theory that the cell phones Ferdman fraudulently obtained caused a drop in sales, a kink in supply chain or any other damages beyond replacement cost. Thus, the award was vacated case was remanded for further proceedings.