Circuits Split on Valuing Offset Against Criminal Restitution

Date: November 19, 2012

... “The decision is focused on the statute’s goal of making victims whole but potentially interferes with the statute’s goal of returning property to victims,” comments Erek L. Barron, Bethesda, MD, cochair of the Section of Litigation’s Criminal Litigation Committee. “If a defendant is going to be on the hook for the offset amount regardless of when the property is sold, then why return the property? Also, the decision may have the unintended consequence of interfering with the marketplace,” says Barron. ...

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Full article published in Litigation News, from the ABA Section of Litigation.