Civil Settlements and Criminal Restitution

Can a criminal sentence include restitution to a victim who has already released the defendant from all damages in a related civil suit? Yes, according to State v. Williams. Tamora Williams was the office manager for a construction company. She allegedly used company checks and a debit card to make over 350 unauthorized purchases valued at approximately $41,000. First she was fired, then she was charged with embezzlement. While the embezzlement charge was pending, Ms. Williams sued her former employer, Mr. Fogleman, for slander and defamation. Mr. Fogleman countersued for the stolen company money. That civil litigation settled in 2017, with Williams paying Fogleman $13,500 and the parties signing an agreement that they “release and fully discharge each other of and from any and all claims, causes of actions, demands and damages, known and unknown, asserted and unasserted, from the beginning of time to the date hereof.” Slip op. at 3. About a year later, the defendant entered a guilty plea to a single count of embezzlement. The plea agreement called for a probationary sentence, with an understanding that the court would determine the restitution amount—first by resolving the question of whether the restitution had already been paid in full through the civil settlement. The court held a restitution hearing. The trial judge concluded that the civil settlement did not preclude the criminal court from ordering restitution, but that the defendant would be credited for the $13,500 paid through the settlement. The court therefore set the balance owed at $27,704.85. Through [...]