Jean Auclair, Plaintiff-Counter-Defendant-Appellee v. Joann Sher, Vincent Giffuni, and Catherine Giffuni, Defendants-Counter-Plaintiffs-Appellants

KING, Circuit Judge:

In this case, we are called upon to determine whether a private individual who is the beneficiary of a restitution award entered in a criminal case may enforce the award in the same manners as the United States can under 18 U.S.C. § 3663(h). The district court held that the rights of the private individual to enforce such an award are.not as extensive as those of the government. We affirm in part and vacate and remand in-part.

I.FACTS AND PROCEDURAL HISTORY

On November 20,1992, the co-executors of the estate of Joseph V. Giffimi, Joan Sher, Vincent Giffimi, and Catherine…