In re McNulty

597 F.3d 344 (2010)

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In re McNulty

United States Court of Appeals for the Sixth Circuit
597 F.3d 344 (2010)

Facts

Arctic Glacier International, Inc. (Arctic) (defendant) produced and sold packaged ice. Martin McNulty was a Party Time Ice executive. Arctic acquired Party Time Ice and instructed McNulty to participate in a conspiracy to allocate customers of packaged ice. McNulty refused and was fired. McNulty contacted the government (plaintiff) and became an informant in its antitrust investigation of Arctic. Arctic pled guilty to participating in a conspiracy to allocate customers of packaged ice sold in southeastern Michigan and Detroit. McNulty sought restitution and recognition as a victim under the Crime Victims’ Rights Act (CVRA), alleging that he was fired because he refused to participate in the conspiracy and was blackballed and unable to find other employment. The district court denied McNulty’s request for restitution, holding that the victims of Arctic’s offense were Arctic’s customers and that McNulty was not directly and proximately harmed by the conspiracy. McNulty sought a writ of mandamus to enforce his rights as a victim under the CVRA.

Rule of Law

Issue

Holding and Reasoning (Martin, J.)

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