Topic
Restitution
419 published works
Zalma on Insurance
Convicted Fraudsters Must Make Restitution
By Barry Zalma
Insurers Must Demand & Prove Restitution Required to Make Them Whole See the full video at https://rumble.com/v2g65bc-convicted-fraudsters-must-make-restitution.html and at https://youtu.be/LbL4rIAZH6M Defendants Alfredo Ayala and Juan Luis Ayala owned farm labor…
Legal Profession Blog
Restitution And Reinstatement
The Michigan Attorney Discipline Board affirmed a hearing panel's denial of a reinstatement petitionForced or compelled restitution is not mitigating in a discipline case. ABA Standard 9.4(a). And we have…
Hall Benefits Law Blog
9th Circ. Rules Embezzler Lacked Standing Under ERISA to Challenge How Company Spends Her Restitution
By Anne Hall
A split three-judge panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a federal district court’s decision that an embezzler lacked standing under ERISA to direct how…
ContractsProf Blog
Family Sues the Guggenheim to Recover Picasso Sold Under Duress in 1938
It is a familiar tale, but each has its own wrinkles. The basics, provided by Toyin Owoseje on CNN.com, are that a wealthy German Jewish family either is forced to…
On Point
COA upholds $500 restitution award based solely on victim’s unsupported testimony
By Wisconsin State Public Defender
State v. Jeffrey W. Butler, 2021AP2212-CR, 1/11/23, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) At Butler’s restitution hearing, the circuit court expressed frustration and disappointment that…
Roberts Disability Law Blog
Ninth Circuit: Embezzler of ERISA Plan Lacks Standing to Sue Former Employer for Allocation of Restitution Payments
Lehr v. Perri Electric, Inc., No. 19-17199, 2023 WL 21466 (9th Cir. Jan. 3, 2023) (Before: S.R. Thomas, Bennett, and Sung, Circuit Judges). Colleen Lehr was a former participant in…
Criminal
New Justice Department memo calls for “Prioritizing Restitution for Victims”
As detailed in this Washington Post piece, headlined "Prosecutors urged to more aggressively seize funds owed to crime victims," there is a notable new memo from the US Deputy Attorney…
FCPA Professor
Glencore Acknowledges A Victim, But Disputes The Amount Of Restitution Owed
By Mike Koehler
As highlighted in this prior post, in connection with the May 2022 Glencore FCPA enforcement action, the majority owners of Crusader Health (Ian and Laureth Hagen) petitioned the court in the…
On Point
Minor passenger in car operated by intoxicated driver is a “victim” for purposes of restitution statute
By Wisconsin State Public Defender
State v. Mark J. Gahart, 2021AP1841-CR, District 2, 11/2/22 (recommended for publication); case activity (including briefs) The court of appeals holds that driving while intoxicated with a minor passenger is…
Sentencing Law and Policy
Should pardon enable pharmacist convicted of federal fraud to claw back restitution already paid?
A helpful reader made sure I did not miss this interesting news story from Georgia regarding the uncertain aftermath of a presidential pardon. The piece is headlined, "Trump pardoned him;…