Legal Question in Criminal Law in California

Since the defendants were already sentenced, writing to the judge would be pointless. Since they are not sex offenders there is no Megan's Law issue. I would write to your state Assemblyperson or Senator. Maybe you can get the Legislature to pass a law against returning mementos and photographs to convicts. Maybe you can get them to name the law after you.

I'm sorry to hear about your ordeal. Sadly, I can't offer much encouragement.

Mr. Stone is right. Megan's law does not apply to financial crimes like this one. He's also right that the judge can't add any more punishment if the defendants have already been sentenced. But even if they haven't been sentenced the judge probably does not have the authority to do what you ask.

The law authorizes only specific types of punishment. They generally involve incarceration and/or fines. The court cannot impose some additional form of punishment which the law does not authorize, even if he strongly feels that the added punishment would be just. If judges had that sort of authority some would surely abuse it.

Defendants in cases like this one typically must forfeit the proceeds of their fraud, but that doesn't mean they can be stripped of everything they own. The sentences in this case probably included forfeiture, but including the type of property you describe would not have been appropriate.

Judges often receive letters like the one you want to write. It would be improper for them to even look at the letters without giving copies to the lawyers for all parties. Defendants and their attorneys are entitled to know what the judge is reviewing in connection with their case, which means victims cannot bypass them and deal directly with the judge. I doubt that the judge would be upset with you for writing, but I also doubt he would read your letter. And as I have explained, even if he read it he could not act on it as you want him to.