Restitution – Abuse of Discretion

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Jason Napiwocki

Case No.: 2016AP1264-Cr

Officials: Blanchard, J.

Focus: Restitution – Abuse of Discretion

Jason Napiwocki was convicted of contractor fraud related to a single remodeling contract with a single identified victim. He disputed the restitution amount. The court referred the restitution issue to a court commissioner for an evidentiary hearing and a recommendation. In this appeal, Napiwocki challenges the resulting restitution order by the court, and the court’s denial of his post-conviction motion to vacate the order. Napiwocki argues that the court commissioner erroneously exercised his discretion by admitting evidence over Napiwocki’s objections. Napiwocki argues that, because the commissioner erroneously exercised his discretion, the court erred in ordering restitution in reliance on the commissioner’s flawed findings, and that the court did not “adequately” provide analysis of its own to support its decision. I conclude that the court did not erroneously exercise its discretion regarding the amount of restitution ordered and properly denied Napiwocki’s post-conviction motion, and accordingly affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.