Giving federal prosecutors a fourth and final chance to win restitution from a man who pleaded guilty last year to defrauding investors, Eastern District Judge Nicholas G. Garaufis said the government has failed to prove its claim that the scheme caused investors to lose $9 million.

In United States v. Gushlak, 1:03-cr-00833, Judge Garaufis ordered prosecutors to submit additional evidence by Aug. 22 to support their request for restitution in the case of Myron Gushlak. The judge set a Sept. 6 hearing on the issue.

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