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The Champion

June 2016 , Page 20 

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Restitution in Federal White Collar Cases: Squeezing Blood From a Stone

By A. Margot Moss

The purpose of restitution is to make a victim whole after suffering a loss from the criminal activity committed by others.1 Making a victim whole, however, does not always equate to fairness. Consider the nominee owner of a medical clinic who allowed someone to use her name in exchange for a few hundred dollars, while others fraudulently billed Medicare for millions of dollars from the clinic in her name. Although the client may not have known all the details of the plan, the scope of the fraud or the names of the other conspirators, she nevertheless may be found guilty of a conspiracy to commit Medicare fraud. She may be slapped with a joint and several $25 million restitution order even though she has no ability to pay and even though she made less than one hundredth of one percent of the profits.

Although a defense attorney may represent clients in “white collar” cases, that does not mean the clients have endless amounts of money and assets. They may have made a pi

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