112 results for 'cat:"Restitution"'.
[Consolidated.] J. Baltodano holds that the trial court must revisit the restitution claims of four commercial fishers who argue they lost revenue due to a crude oil spill. Neither a mediated civil settlement nor a class action lawsuit bar restitution for commercial fishers who demonstrate direct financial losses from the criminally unlawful discharge. However, the trial court properly denied restitution to oil platform employees who relied on the oil industry since the income they lost when the pipeline shut down made them only indirect victims. Reversed in part.
Court: California Courts Of Appeal, Judge: Baltodano, Filed On: May 2, 2024, Case #: B315256, Categories: restitution, Environment, Criminal Negligence
J. Guerrero denies a petition for review. The trial court imposition of a parole revocation restitution fine was improper since defendant's life sentence for murder did not include the possibility of parole. Also, counsel did not display racial animus by telling him to use street slang, which was valid advice intended to preserve his credibility on the stand. Reversed in part.
Court: California Supreme Court, Judge: Evans, Filed On: May 1, 2024, Case #: A165198, Categories: Murder, Parole, restitution
[Consolidated.] J. Jackson-Akiwumi finds that the lower court properly convicted defendant of inciting a riot in Champaign, Illinois during the weekend of unrest following the police murder of George Floyd. The panel declined to revisit the Seventh Circuit's 1972 decision in U.S. v. Dellinger upholding the Anti-Riot Act as constitutional under the First Amendment. Further, the offense is covered by the Mandatory Victims Restitution Act as an "offense against property." However, the government failed to meet its burden of showing that defendant directly caused all damages to businesses in the restitution order, so the lower court must revisit its $1.6 million restitution order. Affirmed in part.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: April 29, 2024, Case #: 21-2572, Categories: Constitution, restitution, Property Crimes
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J. Simons finds that the trial court improperly ordered defendant to pay restitution after the end of her two-year mental health diversion period. Even though a mental health diversion does not end with a conviction, the trial court could have imposed restitution at the time it entered the diversion order and ordered its payment during diversion. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: April 26, 2024, Case #: A166452, Categories: restitution, Restraining Order
Per curiam, the circuit finds the district court improperly ordered defendant to pay $6,000 in restitution to the victim's mother. Defendant pleaded guilty to two counts of production of child pornography in exchange for the government's dismissal of five other counts. The presentence report cites inapplicable statutes and the court failed to conduct the required proximate-cause analysis. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 25, 2024, Case #: 22-11001, Categories: restitution, Due Process, Child Pornography
J. Simons finds that the trial court lacked jurisdiction to order restitution after the end of defendant's probation on a hit-and-run conviction. Where a restitution order is for losses caused by a collision and not for the criminal act of leaving the scene, the order is a condition of probation and jurisdiction may not extend beyond the termination of probation. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: April 25, 2024, Case #: A167703, Categories: restitution, Vehicle, Jurisdiction
J. Stevens upholds a trial court judgment denying the appeal of a convicted felon whose eight-year suspended sentence for illegal possession of a firearm was revoked. Defense counsel found no genuine issues to justify an appeal, and, upon review of the record, no reversible error exists. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Stevens, Filed On: April 16, 2024, Case #: 06-23-157-CR, Categories: Firearms, Sentencing, restitution
Per curiam, the appellate division finds that the lower court properly convicted defendant based on her guilty plea to burglary because defendant's appeal waiver precluded the challenge to the $190 restitution order. Meanwhile, the court properly revoked probation imposed upon a prior DUI conviction. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 11, 2024, Case #: CR-23-0071, Categories: Probation, restitution
J. Chicchelly finds that defendant was properly ordered to pay $180,000 in restitution after he was convicted of arson and other charges for burning down a nightclub because the amount was supported by demolition costs, lost rentals, and damage sustained to a nearby building. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: April 10, 2024, Case #: 23-0788, Categories: restitution, Arson
J. Shorr finds the trial court properly imposed restitution. “It is not plain that a trial court would err if it treated the stipulation as having at least the same effect as an admission to the criminal conduct that led to the victim’s damages.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: April 10, 2024, Case #: A179565, Categories: restitution
J. Segal finds that the district court improperly eliminated or reduced four of eight restitution awards in racketeering claims brought against defendant for fencing stolen vehicles because defendant's sworn affidavits challenging the restitution awards must be sufficiently detailed to inform the state that he intended to challenge the amount of loss for each challenged item, whereupon the state has a duty to present evidence proving the amount of loss. Affirmed in part.
Court: Minnesota Court Of Appeals, Judge: Segal, Filed On: April 8, 2024, Case #: A23-0571, Categories: Theft, restitution, Racketeering
Per curiam, the circuit finds the district court properly denied the inmate's request for a restitution stay. The inmate was convicted for mailing explosives to President Obama, Texas Governor Abbott, and the Social Security Commissioner. She has not presented a basis for relief. Though her request for compassionate release was denied on jurisdictional grounds, the circuit had denied her request for a certificate of appealability, which gave the district court jurisdiction to decide her compassionate release motion. Affirmed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-20209, Categories: Sentencing, restitution, Terrorism
J. Christiansen Forster finds that the district court properly adjusted the $100 monthly restitution payments defendant was making toward a $50,000 total. The new $1,100 monthly payments, which were based on an updated financial declaration, changed only the payment schedule, not the underlying restitution order or the original sentence, so statute, double jeopardy or due process rights were not violated. Affirmed.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: April 4, 2024, Case #: 20230253-CA, Categories: Fraud, restitution, Securities
J. Erickson finds a lower court improperly calculated a defendant's restitution order after he pleaded guilty to wire fraud. The government argued that the amount of restitution imposed on the former bookkeeping employee was reasonable based on his theft of company checks and his attempt to double his income by stealing from his employer. However, the defendant sufficiently showed in court that he sold his shares in the company to offset the amount of the loss, which entitled him to a reduction by $50,000. Reversed.
Court: 8th Circuit, Judge: Erickson, Filed On: April 3, 2024, Case #: 23-2173, Categories: Fraud, restitution, Employment
[Consolidated.] J. Rovner finds that the lower court properly ordered defendant to pay $1.2 million in restitution for her role in a scheme to file hundreds of fraudulent tax returns. The evidence supports the calculation of the restitution figure and does not support characterizing some of the false returns as part of a separate scheme. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: March 21, 2024, Case #: 22-1360, Categories: Fraud, restitution, Tax
J. Osterhaus finds that the trial court improperly imposed a restitution order in favor of the burglary victim. The court erred in awarding lost wages for working as an unlicensed cosmetolgoist, as operting as a cosmetologist without a license is illegal. Reversed.
Court: Florida Courts Of Appeal, Judge: Osterhaus, Filed On: March 20, 2024, Case #: 1D2023-1253, Categories: restitution
J. Stras finds a lower court improperly relieved a prisoner from having to pay restitution under the Justice for Victims of Trafficking Act violations after being convicted of sexual exploitation of a child. The defendant argued that he was not obligated to pay a special assessment based on lack of funds. However, the government sufficiently showed in court that he is not indigent based on his net worth of $120,000 from home equity and funds from a checking account. Reversed.
Court: 8th Circuit, Judge: Stras, Filed On: March 20, 2024, Case #: 23-1847, Categories: Sex Offender, restitution, Human Trafficking
J. Gustafson finds that the trial court properly imposed a $2,000 restitution order for damage defendant caused when he removed an Uber sign from a car during a fit of pique. Though a more thorough look at his ability to pay would have helped, his guilty plea to criminal mischief included an acknowlegment that he could pay. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: March 19, 2024, Case #: DA 22-0165, Categories: restitution, Plea
J. Rice finds that defendant's conviction for stealing social security cards was based on strong circumstantial evidence of her contemporaneous theft of the victims' credit cards. But a restitution award for the cost of Lifelock subscriptions for the victims was not supported by a close connection to an actual economic loss. Reversed in part.
Court: Montana Supreme Court, Judge: Rice, Filed On: March 19, 2024, Case #: DA 22-0699, Categories: Theft, restitution
J. Schutz finds that while the prosecution was expected to have an estimate for restitution prior to defendant's sentencing on theft and property damage charges, its failure to do so did not prejudice defendant because its request was submitted prior to the expiration of the 90-day statutory deadline. Therefore, any error by the prosecution or the trial court for its failure to require an estimate prior to sentencing was harmless and the restitution order is upheld. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: February 22, 2024, Case #: 2024COA19, Categories: Theft, restitution
J. Greer finds that defendant was properly ordered to pay restitution after entering an Alford plea to theft because she agreed to pay $5,000 in restitution as part of her plea deal and failed to seek to lower the amount. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: February 21, 2024, Case #: 22-1401, Categories: Theft, restitution
J. Jones finds the district court properly ordered restitution for defendants' convictions for healthcare fraud and receiving Medicare kickbacks. No error is found in the court’s calculation of the improper benefit received as to the purpose of sentencing and restitution. That a certain defendant received the primary benefit from the fraudulent payments is irrelevant for assessing restitution. The court properly imposed restitution on each defendant jointly and severally for the full amount. Affirmed.
Court: 5th Circuit, Judge: Jones , Filed On: February 21, 2024, Case #: 22-20620, Categories: Fraud, Sentencing, restitution
J. Sullivan finds the lower court properly convicted defendant of six counts of retail theft for allegedly stealing housewares and other items from a Macy’s store on several occasions, and was sentenced to three to 14 years imprisonment. The lower court also ordered defendant to pay restitution in the amount of $4,568, but did not specify the method in which it was to be repaid. Because of the lack of specificity regarding the restitution, it is vacated and remanded to the lower court for reimposition and clarification. Affirmed in part.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: February 20, 2024, Case #: J-S27043-22 , Categories: Sentencing, Theft, restitution
[Consolidated] J. Higginbotham finds the district court properly convicted defendants by guilty plea for fraudulent Medicare billing. The owner and an employee of the mental health rehab clinic stipulated to a loss of $3.5 million and recommended the judge order that much in restitution. Both defendants now argue the restitution order was erroneous, with the employee also saying the loss should not have been attributed to her. There was an adequate factual basis to support the pleas, and the restitution did not exceed the actual loss. The court appropriately used the total amount when calculating the sentences and defendants received the benefit of their plea agreements when the more-than-50-count indictment was dismissed. Affirmed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: February 14, 2024, Case #: 22-30242, Categories: Fraud, restitution, Plea
J. Hudson affirms the district court's determination that the defendant's equity in his home is a "resource" for the purposes of calculating his ability to pay criminal restitution. Home equity may be considered a "useful and valuable possession" for those purposes even when the home is co-owned with a non-defendant spouse. Affirmed.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: February 14, 2024, Case #: A22-0630, Categories: Fraud, restitution
J. Mooney finds the trial court properly imposed restitution for repainting the exterior of a house that defendant damaged with fireworks. The homeowner “would not have incurred the expense of painting those two walls in the absence of defendant’s criminal conduct.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: February 14, 2024, Case #: A178281, Categories: restitution