Latest Case: United States v. Parnell (Criminal Law)

The Things That Are Caesar’s

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on the recent oral argument before the U.S. Supreme Court in Our Lady of Gaudalupe School v. Morrissey-Berru, which raises the question how broadly to construe the word “minister” within the ministerial exception to anti-discrimination law required by the First Amendment. Colb explains where the ministerial exception doctrine might be headed and suggests that an exemption even for criminal misconduct against ministers might be within the existing doctrine.

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United States v. Parnell

Docket: 19-649

Opinion Date: May 19, 2020

Judge: Park

Areas of Law: Criminal Law, White Collar Crime

The Second Circuit affirmed the district court's order of restitution, imposed after defendant pleaded guilty to four counts of wire fraud in 2018 for submitting false expense-reimbursement forms to the Department of Labor. The court held that the restitution order was proper under the Mandatory Victims Restitution Act because all of the losses resulted from the same "scheme," even though some occurred outside the limitations period for the underlying crime. Therefore, the district court did not abuse its discretion by ordering defendant to pay $72,207.16 in restitution.