How do I calculate restitution in a criminal defense case? 10 Answers as of June 26, 2013

An employee stole $118k from my non-profit and has now pled guilty. How do I calculate what I should ask the courts for in restitution?

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Attorney at Law
Attorney at Law | Michael J. Kennedy
This is a criminal defense website, not a prosecution assistance website!
Answer Applies to: California
Replied: 7/29/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Much as you would a loan for that amount. You are entitled to 10% simple interest per annum. So, multiply 118K X .0083 , for each month you have not received any payment. Once you begin receiving payment, subtract the interest first from the actual payment. Subtract the balance of the payment from the outstanding amount. Start the process all over.
Answer Applies to: California
Replied: 7/29/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
That would be $118K.
Answer Applies to: California
Replied: 6/26/2013
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
You can ask the court for restitution in the amount of your total provable loss. To help you further you would have to provide many more details.
Answer Applies to: California
Replied: 7/28/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You will get your loss.
    Answer Applies to: California
    Replied: 7/28/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You don't. The probation department and court does, based upon whatever evidence you provide them regarding losses. Submit what you can. Separately, you can sue for damages, and should do so if there is any likelihood that the bad guy will ever have a dime to his name in assets or income from which to recover.
    Answer Applies to: California
    Replied: 7/28/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    The court should award actual restitution plus interest from the date of loss.
    Answer Applies to: California
    Replied: 7/28/2011
    Wallin & Klarich
    Wallin & Klarich | Stephen D. Klarich
    The probation officer will do that if the employee was granted probation. Usually that would be spread out over the term of his/her probation. If the employee went to prison, payments would begin when released on parole in same or similar arrangement but always based on that persons ability to pay.
    Answer Applies to: California
    Replied: 7/28/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    It would appear that you have already done the calculation. How did you determine that the amount of loss was $118,000? There's your calculation.
    Answer Applies to: California
    Replied: 7/28/2011
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