Wednesday, October 19, 2011

U.S. v. Rizk (9th Cir. - Oct. 19, 2011)

Rizk was an appraiser who helped her co-conspirators defraud lenders out of tens of millions of dollars by giving inflated appraisals for properties that were actually worth much less.  She knew that she was potentially criminally liable for what she did, but she thought that she was at least off the hook for the money once her insurance company paid a little under a million dollars to settle the civil actions against her for what she did.  She got a full release of liability as part of that deal, so that means no restitution, right?

Wrong.

So she still owes $46.5 million in mandatory restitution.  Though the Ninth Circuit does help her out in one way.  They knock a million dollars off this amount.  (Because the restitution order to her insurance company was double-counted.)

So once she pays the $45 million or so, she's good to go.

Which is nice.  'Cause I'm sure she'll fully pay this thing.