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Probation restitution question.

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June 13, 2018, 09:29
Terry Breen
Probation restitution question.
Thief bookkeeper stole about $11K from employer before being caught. The employer's insurance paid all but the $1,000 deductible. Can the terms of probation require the probationer to reimburse the insurance company for its pay out, or is the only restitution the probationer can be ordered to pay is the $1000 deductible?
June 13, 2018, 12:10
Larry L
Defendant can be ordered to pay the whole amount. Recovery from another source (the insurance company) does not relieve the defendant of the obligation to pay restitution. Restitution order will need to be clear that $1,000 is to be paid to victim and $10,000 is to be paid to insurer.