Establishing Causation In Arizona Restitution Claims

In Arizona, the standard for establishing causation on restitution claims is not a strict "but for" standard. See id. Rather, it is a "'modified but for standard,'" meaning the government must prove "'that a particular loss would not have occurred but for the conduct underlying the offense of conviction, and that the causal nexus between the conduct and the loss is not too attenuated (either factually or temporally).'" State v. Guilliams, 208 Ariz. 48, P 14, 90 P.3d 790 (App. 2004), quoting United States v. Vaknin, 112 F.3d 579, 589-90 (1st Cir. 1997). Whether such a showing has been made is "'a fact-specific'" determination for the trial court. Id.