One Court of Justice

On December 17, 2009, the Michigan Court of Appeals published its opinion in People v. Dimoski, No. 286876.  As a matter of first impression, the Court held that criminal restitution should not be reduced by the amount of an outstanding civil judgment arising out of the same conduct.  The Court’s opinion may be found here.

Defendant Dimoski pled guilty to fraudulent use of a building-contract fund.  The trial court ordered Dimoski to pay $120,000 in restitution to the victim.  The victim later obtained a $104,224.31 civil judgment against Dimoski based on the same conduct.  Among other things, Dimoski moved to reduce the restitution by the amount of the civil judgment.  The trial court granted his motion, stating that the law disfavors double recoveries.

The Court of Appeal reversed, noting that the victim had not received a double recovery.  The victim had not collected on the civil judgment; until Dimoski paid the judgment, the trial court could not modify the restitution order.