John Duncan Fordham v. Georgia Department of Administrative Services, et al.
Environmental Securities Immigration
Do funds collected under the Mandatory Victims Restitution Act vest in a claimant or are they subject to recoupment after a Presidential Pardon?
QUESTIONS PRESENTED 1. Do funds collected from a defendant under the Mandatory Victims Restitution Act, 18 U.S.C. § 3664, vest in a claimant when received or are such funds subject to recoupment under the Doctrine of Money Had and Received after the issuance of a Presidential Pardon granting a full and unconditional pardon for the conviction, including the restitution amount? 2. Does a Presidential Pardon setting aside a total conviction and a total restitution amount allow claimants who have submitted themselves to the jurisdiction of the United States District Court have the effect of allowing those claimants to retain the funds collected even though in equity and good conscience those funds should be refunded to the defendant?