The Supreme Court’s recent ruling in Ellingburg v. U.S. has complex implications for every federal criminal case involving financial loss. To help you visualize this seismic shift, we’ve created a new infographic: “The New Ellingburg Rule Explained.” This visual guide maps out the transition of restitution from a civil remedy to a criminal penalty, highlighting the new “Apprendi dominoes” that defense counsel can leverage to demand jury findings and higher standards of proof.

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In a unanimous ruling, the Supreme Court’s Ellingburg decision has reclassified restitution as “plainly criminal punishment,” ending its treatment as a civil remedy. Our latest Law360 article explores how defense counsel can now demand Sixth Amendment protections—including jury findings and stricter evidentiary standards—to challenge restitution orders in federal sentencing.

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