Restitution Offset

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7^th Circuit Court of Appeals

Case Name: Andrew Stacy v. United States of America

Case No.: 22-2003

Officials: Hamilton, Brennan, and Jackson-Akiwumi, Circuit Judges.

Focus: Restitution Offset

In 2014, Stacy was convicted of bank fraud. The district court sentenced him to a term of imprisonment and ordered Stacy to pay $1,495,689.60 in restitution jointly and severally with a codefendant. Though payable to the United States, the government forwards collected money to Stacy’s victims.

A restitution order in a criminal case requires Stacy to pay the government more than $1 million. But the government also owes Stacy $75,000 from a Federal Tort Claims Act settlement. The government plans to offset the FTCA settlement against Stacy’s restitution debt, to which he objects. The district court rejected Stacy’s challenge to the government’s use of offset, and the Seventh Circuit affirms. Federal law authorizes the government to offset Stacy’s settlement award against his restitution debt.

Affirmed.

Decided 06/02/23

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