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Intriguing Ninth Circuit ruling on post-mortem restitution obligations

By Douglas A. Berman

The Ninth Circuit handed down an intriguing opinion today in US v. Rich, No. 08-30153 (9th Cir. May 3, 2010) (available here), concerning an order of restitution after a Ponzi scheme conviction.  Here is how the panel opinion describes its inquiry: We consider whether the estate of a criminal defendant who dies pending appeal of his fraud conviction must continue to pay restitution to victims. And here is the heart of the basic answer that the panel provides: There is no doubt that ?death pending appeal of a criminal conviction abates not only the appeal but all proceedings in the prosecution from its inception.?  United States v. Oberlin, 718 F.2d 894, 895 (9th Cir. 1983) (citing Durham v. United States, 401 U.S. 481 (1971) (per curiam))...continue to full post

Full post as published by Sentencing Law and Policy on May 03, 2010 (boomark / email).