Criminals Can't Earn Interest On Restitution Surplus: 3rd Circ.

Law360, New York (September 17, 2012, 4:14 PM EDT) -- A convicted criminal cannot earn interest on excess funds returned by the government after he satisfies a restitution order, the Third Circuit said Monday in a precedential opinion that widened a circuit split on the issue.

A three-judge panel said such claims for interest are not allowed under the Civil Asset Forfeiture Reform Act. That holding puts the Third Circuit on the same side as the U.S. Supreme Court and the Second, Eighth and Tenth circuits. The Sixth, Ninth and Eleventh circuits have previously allowed claims...
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