Sec. 18. (a) The division may not award restitution assistance under this chapter on behalf of a victim whose award of restitution under a court or administrative order is overturned on appeal.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 23-20-1-18

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • claimant: means a victim filing an application for restitution assistance under this chapter. See Indiana Code 23-20-1-1
  • division: refers to the securities division of the office of the secretary of state. See Indiana Code 23-20-1-2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • victim: means an individual who suffers monetary injury as a result of a securities violation. See Indiana Code 23-20-1-7
     (b) If:

(1) restitution assistance is awarded under this chapter; and

(2) after the award of restitution assistance under this chapter, the victim’s award of restitution under a court or administrative order is overturned on appeal;

the claimant shall forfeit the restitution assistance received under this chapter.

As added by P.L.114-2010, SEC.12.