United States v. Totaro, No. 22-3521 (8th Cir. 2024)
Annotate this CaseThe United States Court of Appeals for the Eighth Circuit affirmed the district court's decision to increase the monthly restitution payment of Ronald Totaro, who was convicted in 2001 of sixty-one counts of various crimes including mail fraud, wire fraud, money laundering, and racketeering. The court ruled that the increase from $200 to $1,000 was justified by Totaro's financial circumstances, his willful failure to comply with the initial restitution order, and the fact that he still owed nearly $2 million to his victims. Totaro had argued that the increase was too substantial and that his early release and receipt of Social Security payments did not constitute a "material change" in his financial situation. The Court of Appeals disagreed, citing the substantial assets shared by Totaro and his wife, which included their home, a $45,000 vehicle, and over $80,000 in savings. The court also noted Totaro's pattern of trying to evade his obligations and consequences for his behavior.
Court Description: [Loken, Author, with Smith, Chief Judge, and Colloton, Circuit Judge] Criminal case - Criminal law. For the court's prior opinion in the case, see U.S. v. Totaro, 40 F. App'x 321 (8th Cir. 2002), cert. denied, 537 U.S. 1141 (2003). Here Totaro, who was released from prison in March 2022, appeals the district court orders increasing his month criminal restitution payment obligation from $200 to $1000; the court based the increase on 18 U.S.C. Sec. 3613A(a)(1) and not on 18 U.S.C. Sec. 3664(k), and the court did not have to obtain certification from the Attorney General to impose the increase; the district court properly considered the discretionary factors set out in 18 U.S.C. Sec. 3613A(a)(2) in making the decision.
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