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 (from Petition)

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?

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?

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
John Fordham
John Bush LongTuckerLong, PC, Petitioner