U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 77— PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS

18 U.S.C. § 1593

Mandatory restitution

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(a) Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalties authorized by law, the court shall order restitution for any offense under this chapter.(b)(1) The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim’s losses, as determined by the court under paragraph (3) of this subsection.(2) An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.(3) As used in this subsection, the term “full amount of the victim’s losses” has the same meaning as provided in section 2259(c)(2) and shall in addition include the greater of the gross income or value to the defendant of the victim’s services or labor or the value of the victim’s labor as guaranteed under the minimum wage and overtime guarantees of the Fair Labor Standards Act (29 U.S.C. 201 et seq.).(4) The forfeiture of property under this subsection shall be governed by the provisions of section 413 (other than subsection (d) of such section) of the Controlled Substances Act (21 U.S.C. 853).(c) As used in this section, the term “victim” means the individual harmed as a result of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or a representative of the victim’s estate, or another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named such representative or guardian.(Added Pub. L. 106–386, div. A, § 112(a)(2), Oct. 28, 2000, 114 Stat. 1488; amended Pub. L. 110–457, title II, § 221(1), Dec. 23, 2008, 122 Stat. 5067; Pub. L. 115–299, § 3(c), Dec. 7, 2018, 132 Stat. 4385.)Editorial NotesReferences in Text

The Fair Labor Standards Act, referred to in subsec. (b)(3), probably means the Fair Labor Standards Act of 1938, act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.

Amendments

2018—Subsec. (b)(3). Pub. L. 115–299 substituted “section 2259(c)(2)” for “section 2259(b)(3)”.

2008—Subsec. (b)(4). Pub. L. 110–457 added par. (4).

Notes of Decisions
Cited in 77 cases (35 in the last 5 years), 2003–2026 · leading case: Carazani v. Zegarra
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Carazani v. Zegarra (2013) dcd · cites it 6× “” 18 U.S.C. § 1593 (b)(3). Where the salary provision of a contract is unenforceable, the TVPA adopts the FLSA methodology to calculate damages for forced labor, namely the minimum wage at the time of employment.”
United States v. Francis Guerra Pleitez (2017) ca5 · cites it 4× “Pursuant, to 18 U.S.C. § 1593 (a), mandatory restitution applied to Pleitez’s sentence.”
In Re Sealed Case (2012) cadc · cites it 5× “Section Eleven of the plea agreement provides that “pursuant to 18 U.S.C. §§ 1593 and 3664, it is mandatory that the Court order [the appellant] to make restitution for the full amount of any victims’ compensable losses” and that any contested restitution issue may be litigated…”
United States v. Fu Sheng Kuo (2010) ca9 · cites it 4× “The government then filed a supplemental motion in support of restitution pursuant to 18 U.S.C. § 1593 , an inapplicable statute.”
United States v. Anthony (2019) ca10 · cites it 3× “§ 3663A, and the Trafficking Victims Protection Reauthorization Act (TVPRA), 18 U.S.C. § 1593 . Anthony argues that neither statute authorizes the full restitution award against him, because the award compensates the victims for losses that he did not cause.”
United States v. Anthony (2022) ca10 · cites it 4× “because the district court failed to apply but-for causation to determine restitution as required by 18 U.S.C. § 1593 . See United States v. Anthony, 942 F.”
United States v. Sabhnani (2008) nyed · cites it 7× “Mandatory Restitution 18 U.S.C. § 1593 provides for mandatory restitution in cases of peonage, slavery and trafficking.”
United States v. Pruitt (2016) ca2 · cites it 2× “□ For offenses for which restitution is otherwise mandatory under 18 U S.C. §§ 1593,2248,2259,2264,2327 or.”
United States v. Deuvontay Charles (2018) ca8 · cites it 2× “Under the Victims of Trafficking and Violence Protection Act of 2000, as amended, 18 U.S.C. § 1593 , and the Mandatory Victims Restitution Act of 1996 (MVRA), as amended, 18 U.”
United States v. Bobby Edwards (2021) ca4 · cites it 4× “18 U.S.C. § 1593 (b)(1) (emphasis added).”
Lipenga v. Kambalame (2016) mdd “18 U.S.C. § 1593 (a). In remitting such restitution, the defendant shall pay the “full amount of the victim’s losses,” which includes “the value of the victim’s labor as guaranteed under the minimum wage and overtime guarantees of the Fair Labor Standards .”
United States v. Dameion Wyatt (2021) ca7 · cites it 2× “On Sep‐ tember 17, 2019, the government provided the probation of‐ ficer a recommendation for restitution on behalf of three of the victims, which included Wyatt’s initial objections to those recommendations.”
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