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Restitution ruling appealed [Eco-terrorists walk, their arson caused $240,000 in damages]
Salt Lake Tribune ^ | 4/23/2005 | Stephen Hunt and Elizabeth Neff

Posted on 04/23/2005 7:28:13 AM PDT by Excuse_My_Bellicosity

Fearing a flood of criminal defendants will dodge paying restitution to their victims, state attorneys are appealing a federal bankruptcy judge's decision that absolved an arsonist of nearly $240,000 in debt.

It is the first time a Utah judge has ruled that court-ordered criminal restitution can be erased in bankruptcy court.

The March federal ruling had a ripple effect this week when a West Valley City judge relied on it to dismiss $80,000 in restitution ordered for Rebecca Mecham, a 27-year-old Kearns woman injured by a drunken driver.

State attorneys believe both decisions are wrong. They have asked U.S. Bankruptcy Court Judge Glen Clark to stay his March 8 ruling - which would prevent other defendants from using it while the case is appealed.

A hearing on the request is set for May 17 before Clark.

The ruling could hurt other crime victims and affect state agencies involved with restitution orders, said Assistant Attorney General Kevin Olsen, who represents the state Office of Debt Collections.

"The decision has some implications that are real troublesome," Olsen said.

Clark's ruling was made in the bankruptcy of Jason Derek Troff, 27, who was part of a foursome who burned down a West Jordan McDonald's restaurant under construction in August 1996. Protesting the slaughter of cattle, chickens and fish, the group poured gasoline in the nearly completed building and ignited it by throwing a Molotov cocktail.

Troff pleaded guilty to one count of arson in 1997. Third District Judge Tyrone Medley ordered him to spend one year in jail, perform 500 hours of community service, spend 36 months on probation -and pay $239,969 in restitution.

By October 2001, Troff had completed his probation except for paying the debt. Probation officials asked to end his supervision and have the remaining amount - $230,420 - be covered by a civil judgment to be collected by the Office of State Debt Collection.

Judge William Barrett agreed. But in February 2003, Troff filed for Chapter 7 bankruptcy and argued that erased the restitution debt.

State attorneys fought back, arguing Troff should pay what he owed plus more than $50,000 in fees and interest.

Clark analyzed the debt as if it had remained a criminal restitution order.

He cited a 1999 federal appellate ruling that said restitution is only protected against a bankruptcy filing if it is both paid to the government and benefits the government.

Clark reasoned criminal restitution cannot be collected from Troff because it would benefit his crime victims - not the government.

Olsen concedes restitution restores victims' losses, but argues it also "has a purpose to punish and rehabilitate the defendant," which amounts to a benefit for the government.

Chapter 13 bankruptcy trustee and attorney Kevin Anderson notes that other areas of bankruptcy law provide an exception for drunken driving cases.

"The code clearly contemplates that claims arising from death or personal injury caused from a drunk driving action were intended to be [paid]," Anderson said.

That policy is strengthened in the new federal bankruptcy laws signed this week, which extend the protection of restitution ordered for victims of drunken boat and airplane drivers, he said.


TOPICS: Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: Utah
KEYWORDS: bankruptcy; ecoterror; judiciary; schumer; shumer; shumerbankruptcy
This is just great. An eco-terrorist causes $240,000 in damgages and his punishment is probation and 500 hrs community service.

Clark reasoned criminal restitution cannot be collected from Troff because it would benefit his crime victims - not the government.

And there you have it folks. The govt. cares ZERO/ZIP/NADA/EL-ZIPPO/ZILCH/A-BIG-GOOSE-EGG about protecting or compensating the victims. If the govt. can't collect money off it, they're not interested. There is no justice, the ACLU is probably celebrating right now.

The American peasants are worthless. Now shut up and take your beating quietly...

1 posted on 04/23/2005 7:28:14 AM PDT by Excuse_My_Bellicosity
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To: Excuse_My_Bellicosity
Clark reasoned criminal restitution cannot be collected from Troff because it would benefit his crime victims - not the government.

The word reasoned doesn't belong in that sentence. It figures ... the ink is hardly dry on GWB's signature on the bankruptcy bill and already a major amendment is necessary. Meanwhile, parole officers should consider the dismissal of restitution via bankruptcy as a parole violation. That guy should never had been allowed to end parole without completing restitution.

2 posted on 04/23/2005 7:39:06 AM PDT by NonValueAdded (The murder of Terri Schindler Schiavo - NOT IN OUR NAME)
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To: Excuse_My_Bellicosity

The tyranny of those tyrants in black robes continues, sadly.


3 posted on 04/23/2005 7:44:50 AM PDT by Mister Baredog ((Minuteman at heart, couch potato in reality))
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To: Excuse_My_Bellicosity

And you are just realizing this?


4 posted on 04/23/2005 7:46:14 AM PDT by dts32041 (We have instituted our own set of Nuremberg laws.)
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To: Excuse_My_Bellicosity
I can't believe this will stand. Certain debts are not dischargeable in bankruptcy.
5 posted on 04/23/2005 7:52:32 AM PDT by Loyal Buckeye
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To: Excuse_My_Bellicosity

"If the govt. can't collect money off it, they're not interested."

Yeah,that's pretty tremendous.


6 posted on 04/23/2005 7:53:22 AM PDT by jocon307 (CVCVMELLA CAFEARIA CLAVSA EST)
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To: Excuse_My_Bellicosity
a judge relied on (the ruling) to dismiss $80,000 in restitution ordered for a woman injured by a drunken driver.

IMO restitution should NEVER be dismissed. The drunken driver might be bankrupt today, but he might win the lottery tomorrow. Nobody should be able to escape restitution by simply running up his credit cards.

7 posted on 04/23/2005 8:37:03 AM PDT by layman (Card Carrying Infidel)
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To: farmfriend; editor-surveyor; madfly


8 posted on 04/23/2005 9:09:28 AM PDT by Libertarianize the GOP (Make all taxes truly voluntary)
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To: Excuse_My_Bellicosity

UN-FRICKEN-BELIEVABULL!!!!!!


9 posted on 04/23/2005 9:50:09 AM PDT by DustyMoment (FloriDUH - proud inventors of pregnant/hanging chads and judicide!!)
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To: Excuse_My_Bellicosity
He cited a 1999 federal appellate ruling that said restitution is only protected against a bankruptcy filing if it is both paid to the government and benefits the government.

I'd have to say that this pretty much sums up exactly what is fundamentally wrong with FedGov these days. If they ain't making money off something, they just really don't give a damn.

10 posted on 04/23/2005 9:58:20 AM PDT by zeugma (Come to the Dark Side...... We have cookies! (Made from the finest girlscouts!))
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To: Excuse_My_Bellicosity
He cited a 1999 federal appellate ruling that said restitution is only protected against a bankruptcy filing if it is both paid to the government and benefits the government. Clark reasoned criminal restitution cannot be collected from Troff because it would benefit his crime victims - not the government.

And thats all you need to know about the government.
11 posted on 04/23/2005 11:57:08 AM PDT by festus (The constitution may be flawed but its a whole lot better than what we have now.)
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To: dts32041
No, but their brazenness about it does surprise me. I know, I should be numb to it by now (like the way your butt gets after 50 whacks by a 2x4).

Government has been that way for a long time, but we're getting to a point now that the politicians and judges are not even making a half-assed effort to do some right things or even make a small appearance of honesty. They'll tell you to your face to go shove it. The courts won't touch them. What are you going to do, vote them out? Force them into retirement so that they can live in a big house with their millions of dollars acquired by fair means and foul and nothing to do but hang out in a country club, play golf, and go on trips to the Bahamas 4 times a year. Wow, that's real punishment. /rant off

12 posted on 04/23/2005 1:46:25 PM PDT by Excuse_My_Bellicosity (Proud infidel since 1970.)
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To: Excuse_My_Bellicosity
the way your butt gets [numb] after 50 whacks by a 2x4

You must be into some serious S&M!

13 posted on 04/25/2005 6:46:36 AM PDT by expatpat
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To: Excuse_My_Bellicosity

McDonalds needs to apply to the various victim's compensation boards. If the government sees they might have to pay for some of this loser's actions, they might do a little rethinking of the good judge's silliness.


14 posted on 04/25/2005 9:35:14 AM PDT by Safetgiver (Only two requisites to be a judge. Gray hair to look wise and hemmorhoids to look concerned.)
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To: Excuse_My_Bellicosity

An ACLU lawyer is the Salt lake City mayor.

You can't even imagine the convolutions of logic that go into the application of his political power.


15 posted on 04/25/2005 9:49:27 AM PDT by Sundog (Cheers)
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