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    nessa14's Avatar
    nessa14 Posts: 1, Reputation: 1
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    #1

    Jun 16, 2010, 09:13 PM
    Restitution paid can the offender get sued for more
    Once the offender pays restitution can they get sued to pay reparations and more restitution for the same crime ?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jun 17, 2010, 06:32 AM

    Hello n:

    That's a GOOD question. My view would be NO. I don't know how a judge would rule, but I would argue that the victim HAD an opportunity to present his losses to a judge in a criminal proceeding. If he did, and that judge only ordered restitution in the amount he did, that was the ONE and only chance the victim had to be made whole.

    He doesn't get TWO bites of the apple in civil court. Why should he get two bites here - one in criminal court and one in civil court?

    excon
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Jun 18, 2010, 09:12 AM

    In some criminal cases such as embezzlement the Court can order restitution to the victim but then if an insurance company reimbursed the company for the money that was taken, the insurance company can and will file a lawsuit against the criminal for the entire amount of money taken. Happened to a friend of mine so I know it's a possible scenerio. Essentially the victim does not double dip as the insurance company is dipping their own dipper.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jun 18, 2010, 09:19 AM
    Quote Originally Posted by twinkiedooter View Post
    In some criminal cases such as embezzlement the Court can order restitution to the victim but then if an insurance company reimbursed the company for the money that was taken, the insurance company can and will file a lawsuit against the criminal for the entire amount of money taken. Happened to a friend of mine so I know it's a possible scenerio. Essentially the victim does not double dip as the insurance company is dipping their own dipper.
    Hello twink:

    I disagree. If the victim was compensated by his insurance company AND the criminal court, he's the one who should be sued by the insurance company, because he DOUBLE DIPPED, and the criminal is being DOUBLE charged.

    I ain't saying it didn't happen. I'm just saying it wouldn't have happened to ME.

    excon
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    excon Posts: 21,482, Reputation: 2992
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    #5

    Jun 27, 2010, 05:48 AM
    Quote Originally Posted by excon View Post
    That's a GOOD question. My view would be NO. I don't know how a judge would rule, but I would argue that the victim HAD an opportunity to present his losses to a judge in a criminal proceeding. If he did, and that judge only ordered restitution in the amount he did, that was the ONE and only chance the victim had to be made whole.

    He doesn't get TWO bites of the apple in civil court. Why should he get two bites here - one in criminal court and one in civil court?
    Hello again,

    I've changed my mind...

    In the criminal proceeding, if the victim isn't happy with the restitution order, HE can't appeal it. The only one who CAN appeal it would be the prosecutor. Therefore, if the victim can't get satisfaction from the criminal court, he SHOULD be able to seek it in civil court.

    excon
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