A judge has thrown out a faulty $5.4 million restitution order against a disbarred Long Island attorney, saying federal prosecutors missed the deadline to submit more detailed information on specific victim loses. In March, Eastern District Judge Arthur Spatt (See Profile), sitting in Central Islip, granted a writ of error coram nobis vacating a 2005 restitution order against Kenneth Carnesi of Garden City because the government "continually failed" to produce specific evidence about victim loses, as required by the Mandatory Victims Restitution Act (NYLJ, March 20). Carnesi pleaded guilty before Spatt in 2004 to conspiracy to commit money laundering in connection with the sale of bogus securities and fraudulent insurance offers.
In March, Spatt said he would reinstate the order if the government submitted the requisite victim information within 60 days of his March 18 ruling. In a letter filed days after the decision, Eastern District prosecutors wrote that loss affidavits were being sent to victims, who were being instructed to respond by April 30 in order to meet the deadline.
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