Mindel
United States v. Mindel
Opinion
Lead Opinion
Hug, J.
In this case, we must decide whether a crime victim has standing to challenge a district court’s order rescinding criminal restitution payments being made under the Victim & Witness Protection Act, 18 U.S.C. § 3663 *396 et seq. (“VWPA”). Because we hold that a crime victim lacks standing to appeal the district court’s order or to petition this court for mandamus review, we do not address the merits of this case. We, therefore, dismiss.
I. Statement of Facts
In 1988, defendant David Mindel was charged in a fifteen-count indictment for mail fraud and conspiracy to commit mail fraud, in violation of 18 U.S.C. §§ 371 and 1341, arising from Mindel’s marketing of precious metals. Mindel entered nolo contendré pleas to all fifteen counts.
At the same time, a group of victims, represented by attorney Vin Fichter (“Fichter Group”), had brought two civil actions 1 against Mindel relating to these same activities. On December 3, 1990, Mindel entered into a written settlement agreement with the Fichter Group, in which Mindel agreed to pay $780,000 to dispose of these claims. The settlement provided for an immediate payment of $535,000 from Mindel to the Fichter Group with the remaining…