Court: California Courts of Appeal
Docket: C081690(Third Appellate District)
Opinion Date: April 5, 2021
Areas of Law: Constitutional Law, Criminal Law, Government & Administrative Law, Insurance Law, Labor & Employment Law, Personal Injury
Defendant Daniel Clapp pleads no contest to concealing the true extent of his physical activities and abilities from his employer, the Department of the California Highway Patrol (CHP), and the State Compensation Insurance Fund (SCIF). Consistent with a resolution negotiated by the parties, the trial court granted the defendant three years’ probation, and as a condition of probation, ordered him to pay restitution. Following a hearing, the defendant was ordered to pay $30,095.68 to SCIF for temporary disability benefits and $81,768.01 to CHP for benefits wrongfully obtained. He was also ordered to pay $1,350 and $70,159 to SCIF and CHP respectively for investigative costs. Defendant appealed the restitution award as to investigation costs contending that, as public investigative agencies, neither SCIF nor CHP was entitled to reimbursement for the costs of investigating his claim. After review, the Court of Appeal concluded that as direct victims of the defendant’s fraud, both CHP and SCIF were indeed entitled to restitution for investigative costs incurred in an effort to justify discontinuance of payments and recoup money the defendant fraudulently obtained.
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