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

Discussion in 'Criminal Charges' started by MarcSpecial, Nov 6, 2019.

  1. MarcSpecial

    MarcSpecial Law Topic Starter New Member

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    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.
     
  2. Zigner

    Zigner Well-Known Member

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    This would be a great topic of discussion between you and your attorney.
     
    justblue likes this.
  3. army judge

    army judge Super Moderator

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    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.
     

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