A couple must pay more than $200,000 for swindling OfficeMax out of customer loyalty rewards—split roughly equally between criminal forfeiture and restitution for the goods’ value the Tenth Circuit ruled.
The award doesn’t constitute double recovery, Judge Joel M. Carson said for a split panel of the court Tuesday, because forfeiture’s purpose is punitive while restitution’s is remedial.
Also, no plain error occurred in the trial court’s decision to hold Brandi and Mathhew Channon jointly and severally liable for the wire fraud for which they were convicted given a circuit split on the issue, the appeals court held.
Judge Mary ...
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