Fraud, Embezzlement, Bad Checks Restitution resulting from Federal Fraud charges

[MarcSpecial]

Jurisdiction

Georgia

I was charged with a federal conspiracy crime around healthcare fraud and given restitution. I served the prison term. The base level offense has do to with someone else's business and the government conceded that I never got any of "fruits of the crime". There was a Supreme Court ruling by the name of "Honeycutt" the week before I got sentenced in 2017 which I interpret as the government no longer being able to make you responsible for losses connected to a business you have no ownership interest in and where you received none of the money resulting from the fraud. The courts essentially said in a post conviction motion that restitution cannot be addressed from prison because it's not a liberty matter. I need clarification on this please.

 

[Zigner]

I was charged with a federal conspiracy crime around healthcare fraud and given restitution. I served the prison term. The base level offense has do to with someone else's business and the government conceded that I never got any of "fruits of the crime". There was a Supreme Court ruling by the name of "Honeycutt" the week before I got sentenced in 2017 which I interpret as the government no longer being able to make you responsible for losses connected to a business you have no ownership interest in and where you received none of the money resulting from the fraud. The courts essentially said in a post conviction motion that restitution cannot be addressed from prison because it's not a liberty matter. I need clarification on this please.

This would be a great topic of discussion between you and your attorney.

 

[army judge]

I need clarification on this please

I suggest you discuss this with your defense attorney, or hire an attorney to assist you.



To seek a remedy you believe is available to you requires you to embark upon some affirmative act, usually petitioning a court (in this case a federal court) to blanket you in the relief you believe is applicable to you.