Dist. Ct. erred in imposing $16,652.90 restitution order after defendant was convicted of three counts on charge of access device fraud and ten counts of aggravated identity theft, arising out of scheme to create 647 fake credit cards and generate $52,631.15 in fraudulent purchases. Dist. Ct. failed to specify whether defendant was liable for restitution amount in joint and several basis with her two co-defendants and failed to provide adequate explanation for why defendant’s sole liability was appropriate. Dist. Ct. also erred in failing to make payment schedule where defendant claimed that she was indigent. On remand, Dist. Ct. should also address defendant’s arguments regarding her claim that she is unable to immediately pay restitution amount.
Federal 7th Circuit Court
Criminal Court
Restitution