United States v. Hankins, No. 15-30345 (9th Cir. 2017)Annotate this Case
Pursuant to the Mandatory Victims Restitution Act of 1996 (MVRA), a defendant may discharge a restitution judgment based on a private settlement between the victim and the defendant. Restitution is a criminal sentence that cannot be extinguished by a victim’s disclaimer of benefits. A district court may redirect restitution payments to the federal Crime Victims Fund when a victim later disclaims restitution without making a direct assignment to the Fund. The statute provides leeway for the court to fashion this practical solution. In this case, the Ninth Circuit affirmed the denial of plaintiff's motion seeking full satisfaction of a restitution judgment entered after conviction for bank fraud and submitting a false loan application.