The United States does not seek an award of restitution as part of the sentence, due to difficulty determining the amount of actual loss suffered by any victims as a result of the conduct. In a similar circumstance, the D.C. Court of Appeals recently found that a district court abused its discretion in awarding restitution in a copyright infringement case where the evidence was unclear on whether the defendant’s conduct “in fact thwarted actual sales of the victim’s product.” United States v. Fair, 699 F.3d 508, 514 (D.C. Cir. 2012). The Court of Appeals noted that “a defendant’s gain is not an appropriate measure of the victim’s actual loss in [Mandatory Victims Restitution Act] calculations.” Id. at 513. Counsel for the United States reached out to the Motion Picture Association of America, a trade group representing the major American motion picture studios, to inform the group of the August 13 sentencing date and that there may be a right to present a Victim Impact Statement if desired.
There would be no such limitations in a civil suit against him.