Judge Cassell laments limits of federal restitution
District Judge Paul Cassell issued an interesting opinion yesterday that seeks to explain why the current federal restitution statutes unduly limit the power for federal judges to make crime victims whole. Here is the first paragraph of US v. Garcia, No. 2:05-CR-00827 (D. Utah Mar. 21, 2007) (available for download below):
This case illustrates the need to reform our federal restitution statutes. Defendant Ruby Garcia assumed the identity of a victim (who will be called “H.F.” here) by ordering credit cards in H.F.’s name. Ms. Garcia then ran up thousands of dollars in charges on these and other cards. While Ms. Garcia was quickly caught, the damage to H.F. was substantial. Although she was not liable for charges on the cards (the banks involved suffered that loss), it took H.F. considerable time and emotional energy to clear her credit. Because H.F. is, in her words, “a working mother and wife,” time is “the most precious thing [she] has.” Yet the court is without power to order any restitution for her lost time — in other words, the court is powerless to make H.F. whole for her losses from the crime committed against her. Because the court’s inability to provide full restitution here is a recurring problem, a short opinion describing the problem is appropriate.