Stacy v. U. S.

Dist. Ct. did not err in denying plaintiff’s motion seeking to prevent U.S. Dept. of Treasury from offsetting from plaintiff’s $1,495,689.50 restitution order $75,000 settlement that plaintiff had obtained from defendant-U.S. government in plaintiff’s Federal Tort Claims Act action. Dist. Ct. could properly find that government could offset plaintiff’s settlement money, even though defendant unsuccessfully argued that: (1) 18 USC section 3664 prohibited use of offset to enforce restitution obligation; (2) instant offset was improper because restitution funds were owed to plaintiff’s victims in his criminal conviction and not to government; (3) offset is only available for delinquent debts, and he was current on his payment plan; and (4) there was no language in restitution order that mandated that settlement funds received by plaintiff be applied to restitution order.