United States v. Holt, No. 11-1572 (8th Cir. 2011)
Annotate this CaseDefendant pleaded guilty to aiding and abetting a scheme to defraud Wal-Mart of more than $675,00 by the use of fictitious money transfers. Defendant was ordered to pay restitution to Wal-Mart, but just before her sentencing, defendant transferred a substantial portion of her cash assets to her boyfriend. Defendant subsequently violated a condition of supervised released by failing to make two scheduled restitution payments. Defendant's supervised release was revoked and she was sentenced to one year and one day in prison. The court affirmed and held that defendant willfully failed to make sufficient bona fide efforts legally to acquire the resources to pay her restitution obligation. Accordingly, the judgment was affirmed.
Court Description: Criminal case - Criminal law. District court did not abuse its discretion by determining defendant violated the provisions of her supervised release by making a fraudulent transfer of funds to avoid her restitution obligations and by failing to make a bona fide effort to legally acquire resources to make restitution.
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