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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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