United States v. Karl E. Gaytan

While serving as the mayor of the City of Colton, California, and as a member of the Colton City Council, Karl Gaytan accepted bribes. The bribe money influenced Gaytan’s vote on several city land use issues. After federal charges were brought against him, Gaytan pleaded guilty to bribery in violation of 18 U.S.C. § 666 . The district court ordered Gaytan to pay restitution to the City in the total amount of the bribe money Gaytan received, $61,506.63. Gaytan now appeals the order of restitution. We affirm.

The general rule is that “restitution in a criminal case may only compensate a victim for actual losses caused by the defendant’s criminal conduct.” United States v. Gamma Tech Indus., Inc., 265 F.3d 917 , 926 (9th Cir.2001) (citing 18 U.S.C. § 3664 (a) and United States v. Rodrigues, 229 F.3d 842, 845 (9th Cir.2000)). We must therefore decide if the City of Colton suffered a loss when Gaytan accepted the bribe money and, if the City did suffer a loss, we must determine the amount of that loss.

Gaytan contends that the City did not suffer any actual loss when Gaytan accepted the bribe money. He posits that any harm to the City is “speculative and conjectural.” We…