Legal Question in Criminal Law in South Carolina

Legal recourse on fraudulant business

We purchased a Franchise from a local business, got receipts, license, etc, the owner was purchasing all our stock illegally as we now know and our store was closed down and my husband arrested along with the original owner. Because the original owner did all purchases we had no idea. We had our prelim but they have not had theirs. What restitution can get from the vendor who was in cahoots with the business owner and the business owner? They are the two individuals who apparently had a scheme going on with inside help, we were a scapegoat. The business owner is back in business but we cannot. My husband cant even get a job because this arrest is on his background check. No other offenses ever. Financially we are screwed. The two schemers have previous records to include grand larceny upon our investigation. The one individual worked at a large company where he was employed as a manager. Please let me know who and what amount I can ask for restitution.


Asked on 5/05/09, 8:01 am

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Legal recourse on fraudulant business

Restitution is an amount of money that is ordered by the court to be paid to the victim of a crime by the defendant for the pecuniary loss as a result of the crime committed by the defendant. Below is first part of the code section on Restitution in South Carolina. You can refer to Section 17-25-322 for the whole section as this site limits answeres to 3,000 characters:

� 17-25-322. Restitution to crime victim by person convicted of crime;

hearing; determination of method, manner and amount; entry of order.

(A) When a defendant is convicted of a crime which has resulted in

pecuniary damages or loss to a victim, the court must hold a hearing to

determine the amount of restitution due the victim or victims of the

defendant's criminal acts. The restitution hearings must be held unless

the defendant in open court agrees to the amount due, and in addition

to any other sentence which it may impose, the court shall order the

defendant make restitution or compensate the victim for any pecuniary

damages. The defendant, the victim or victims, or their representatives

or the victim's legal representative as well as the Attorney General

and the solicitor have the right to be present and be heard upon the

issue of restitution at any of these hearings.

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Answered on 5/05/09, 9:04 am


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