Ex-Indiana county staffer ordered to pay $900K over theft
A judge has ordered a former Indiana county employee to pay more than $900,000 in restitution and fines for stealing money while in that job.
Restitution
Articles
Justices weigh restitution order linked to car theft
The Indiana Supreme Court will decide if the state properly assessed restitution against a woman convicted of auto theft after hearing oral arguments Thursday morning that suggested there was no evidence directly linking her to some of the damage to the vehicle.
Justices to hear arguments in caseload case against DCS this week
The Indiana Supreme Court will hear arguments this week to determine whether an employee of the Indiana Department of Child Services can bring a class-action complaint against her employer for an alleged violation of statutory caseload limits under the public standing doctrine.
COA affirms damages award to state, but reduces total amount
The state of Indiana was entitled to more than $1 million in costs and treble damages after a township auditor criminally misappropriated funds, the Indiana Court of Appeals held Tuesday, though it reduced the total amount of damages owed to the state.
7th Circuit halts fraud restitution for ‘reckless’ Bank of America
Three defendants convicted of wire fraud in the purchase of 16 properties in Gary were clearly guilty of the crimes, but the 7th Circuit Court of Appeals Friday threw out a restitution order in favor of Bank of America and urged the district court in Hammond to consider fining the defendants instead.
COA: Restitution must be based on value of damaged car, not upgraded vehicle
Trial courts must award restitution based on the cost of an item that was stolen or damaged, not the cost of upgrading to a new item, the Indiana Court of Appeals held Wednesday, so the Marion Superior Court erred when it ordered restitution based on the cost a woman incurred in purchasing a newer vehicle after a wreck.
Trial court abused discretion in ordering indigent juvenile to pay restitution
The Marion Superior Court erred when it ordered a juvenile delinquent to pay restitution to his theft victim after the court noted in its dispositional order that the juvenile offender was unable to pay, the Indiana Court of Appeals found Tuesday.
7th Circuit rejects former Bloomington employee’s request to defer restitution
The 7th Circuit Court of Appeals has rejected a former Bloomington city employee’s argument that his restitution debt should be deferred to his release from prison because he is limited to paying only 10 percent of his income toward that debt each month.
Supreme Court vacates order to require restitution as part of woman’s probation
The Indiana Supreme Court has vacated an order a defendant pay restitution as a condition of probation after finding that the trial court failed to determine that the defendant did not have the ability to pay.
COA: Court cannot order juvenile to pay restitution as a civil judgment
The Indiana Court of Appeals ruled a trial court may not order a juvenile to pay restitution as a civil judgment after a minor was ordered to pay restitution in two cases where he violated his probation.
Man must pay to clean up meth mess, court affirms
The Indiana Court of Appeals ruled a man must pay to clean up the remnants of his meth lab after it found Indiana Code justified the payment and there was a victim to whom restitution should be paid.
Man has to pay back money despite court errors
The Indiana Court of Appeals ruled a man must pay back $19,486 he stole from another man despite court errors and the fact that the 10-year statute of limitations had expired.
Appeals court reduces woman’s restitution order
The Indiana Court of Appeals reduced a woman’s restitution owed to her ex-employer for money she stole over the course of a three-year period. The judges found no connection between additional missing funds and the defendant.
Judge believes restitution order properly entered
An Indiana Court of Appeals judge dissented from his colleagues Monday in a case in which the majority reversed the court-ordered $3,600 in restitution for a coin sale that turned out to be fraudulent. The dissenting judge also raised public policy concerns about requiring victims to appear at sentencing hearings.
Former Subway pitchman’s victims given $1 million
Ten victims of former Subway pitchman Jared Fogle have received a total of $1 million in restitution since he agreed to plead guilty to child pornography and sex-crime charges, and his four other victims could receive their checks by the time he is sentenced next month — a move prosecutors said is rare.
Sentence upheld, but restitution order needs a second look
The man ordered to pay $10,000 in restitution to his ex-wife following misdemeanor convictions of invasion of privacy and criminal mischief will get a new hearing on the matter after the Court of Appeals sent the case back to the trial court.
Absent agreement, man can’t be ordered to pay restitution if not convicted
A man who pleaded guilty to one count of theft for stealing grain, but admitted to stealing from the victim on other occasions, had his restitution amount reduced from nearly $150,000 to just around $28,000.
Reversal: VORP cannot be ordered in sentence
The Indiana Court of Appeals ruled Friday that offenders may not be ordered to participate in the Victim-Offender Reconciliation Program, reversing a sentence and remanding to the trial court for a restitution hearing.
No evidence of officer’s injury voids restitution order
An Indianapolis trial court abused its discretion by ordering a man convicted in a physical altercation with police to pay more than $27,000 in restitution despite a lack of evidence he caused injuries that resulted in those medical bills.
COA reverses probation revocation of man unable to fully pay restitution
A trial court should not have revoked the probation of a man who was ordered to pay more than $100,000 in restitution as a condition of his probation, the Indiana Court of Appeals ruled. The man was able to prove that he could not fully pay off the balance owed because he was unable to obtain a reverse mortgage on his home.