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In re Her Majesty The Queen In Right of Canada

United States Court of Appeals, Ninth Circuit

May 12, 2015

In re: HER MAJESTY THE QUEEN IN RIGHT OF CANADA. HER MAJESTY THE QUEEN IN RIGHT OF CANADA, Petitioner,
v.
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA, LAS VEGAS, Respondent, NATHAN " NATI" STOLIAR aka NATAN STOLIAR; CLARK COUNTY D.A. OFFICE; YAKOV HEFETZ; ROBERT CASEY; A.D. ASTRA ENERGY, INC.; UNITED STATES OF AMERICA, Real Parties in Interest

Submitted May 12, 2015 [*]

Page 1274

D.C. No. 2:14-cr-00006-APG-GWF.

Todd M. Leventhal, Leventhal & Associates, Las Vegas, Nevada, for Petitioner.

David Z. Chesnoff and Richard A. Schonfeld, Chesnoff & Schonfeld, Las Vegas, Nevada, for Real Party in Interest Nathan " Nati" Stoliar.

Daniel G. Bogden, United States Attorney, Elizabeth Olson White, Appellate Chief and Assistant United States Attorney, United States Attorney's Office, Reno, Nevada; John C. Cruden, Assistant Attorney General, and Wayne D. Hettenbach, Senior Trial Attorney, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for Real Party in Interest United States of America.

Before: GOODWIN, FARRIS, and FRIEDLAND, Circuit Judges.

OPINION

Page 1275

Petition for Writ of Mandamus

PER CURIAM:

This is a petition for a writ of mandamus filed pursuant to the Crime Victims' Rights Act (" CVRA" ), 18 U.S.C. § 3771.

Defendant Nathan Stoliar was convicted and sentenced on April 9, 2015, for conspiracy to commit criminal offenses and to defraud the United States in violation of 18 U.S.C. § 371; conspiracy to launder monetary instruments in violation of 18 U.S.C. § 1956(h); two counts of wire fraud and aiding and abetting in violation of 18 U.S.C. § § 1343 and 2; and making false statements related to the Clean Air Act and aiding and abetting in violation of 42 U.S.C. § 7413(c)(2)(A) and 18 U.S.C. § 2. Stoliar's convictions were based on fraudulent schemes involving the false generation of renewable fuel credits under United States law, false representations regarding the type of fuel being sold, and the export of biodiesel without retiring or purchasing renewable energy credits adequate to cover the exported amount as required under United States law.

On February 18, 2015, counsel for Canada's Department of Justice filed a letter in the district court, asserting that Canada was a victim of Stoliar's crimes, and seeking a share in restitution. On April 2, 2015, petitioner Her Majesty the Queen in Right of Canada (" Canada" ) filed in the district court a petition for an order of restitution from Stoliar in the amount of 1,233,065.32 CAD. Stoliar was sentenced on April 9, 2015, and the district court heard argument on Canada's petition.[1] On April 21, 2015, the district court entered an order denying restitution to Canada. On May 4, 2015, Canada filed this petition, timely challenging the denial of restitution.

In reviewing CVRA mandamus petitions, this court does not balance the factors outlined in Bauman v. United States District Court, 557 F.2d 650, 654-55 (9th Cir. 1977). See Kenna v. U.S. Dist. Court, 435 F.3d 1011, 1017 (9th Cir. 2006). Rather, we " must issue the writ whenever we find that the district ...


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