The defendants-appelants Arnold Bengis, Jeffrey Noll and David Bengis pleaded guilty to conspiracy to commit smuggling and violate the Lacey Act, which prohibits trade in illegal fish and wildlife, and to substantive violations of the Lacey Act. A restitution order was entered requiring Arnold Bengis, Noll and David Bengis  to pay $22.446.720 to South Africa. The defendants claimed that the restitution order violated their Sixth Amendment rights.

The judgment of the United States Court of Appeals,  Second Circuit, dismissed the appeal, concluding that judicial fact finding t determine the appropriate amount of restitution under a statute that does not prescribe a maximum does not implicate a defendant’s Sixth Amendment rights. David Bengis contention that he should not be held liable for the entire restitution amount is entered for further proceedings.