No. 23-585

John Duncan Fordham v. Georgia Department of Administrative Services, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-12-01
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure equity equity-doctrine jurisdictional-challenge mandatory-victims-restitution-act money-had-and-received presidential-pardon restitution restitution-funds
Key Terms:
Environmental Securities Immigration
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Do funds collected under the Mandatory Victims Restitution Act vest in a claimant or are they subject to recoupment after a Presidential Pardon?

Question Presented (OCR Extract)

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?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-17
DISTRIBUTED for Conference of 2/16/2024.
2023-12-20
Waiver of right of respondent Great American Insurance Company to respond filed.
2023-11-29

Attorneys

Great American Insurance Company
Scott Burnett SmithBradley Arant Boult Cummings, LLP, Respondent
Scott Burnett SmithBradley Arant Boult Cummings, LLP, Respondent
John Fordham
John Bush LongTuckerLong, PC, Petitioner
John Bush LongTuckerLong, PC, Petitioner