Robert Gomez and James Nichols, two former California security guards, sold more than $21 million worth of nonexistent cars to churchgoers who thought they were getting bargains from the estate of a wealthy Christian. Convicted in Kansas City in 2003, both were sentenced to more than 21 years in prison. Two others, Gwendolyn Baker and Corinne Conway, also pleaded guilty... .

After the defendants were sentenced, investigators began identifying victims, contacting them directly, by mail and through e-mail. While Gomez and Nichols paid some refunds during the scam to pacify unhappy victims, prosecutors have verified $14.6 million in outstanding claims... .

About $819,000 of the restitution fund came from poker chips recovered from Gomez on his arrest at a California casino or seized from his home later. The rest came from the sale of jewelry, sports memorabilia, real estate and vehicles that investigators seized from the defendants.

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How can RJ City respond to the problem of fraud, to the large losses by victims, and the relatively small amounts recovered from offenders? One way, of course, is to inform its residents so that they are less vulnerable to scam artists. Les Henderson, a Canadian, has developed a remarkable website on what he calls "Crimes of Persuasion" with extensive sections on various schemes as well as several pages on the problems of obtaining restitution.

Here now are specific ways in which lawyers can make a positive difference to what happens at the mediation table.

Preparedness for mediation... .

Informed decisions... .

Helping clients participate... .

Creative problem-solving... .

Offset power imbalances... .

Size up the no-agreement alternative... .

Make decisions... .

Look for the devil in the details... .

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This is part of a three-part article on "Bridging the Divide Between Lawyers and Mediators" found on the blog Online Guide To Mediation, which is worth checking out.

"I would like to say there is no excuse for the behavior in which I engaged," Claydon told the judge. "That was not the way I was raised or trained. My actions hurt many people. I hope they accept my apology."

No one knows where all the money went. Claydon has told authorities he spent $118,000 on an in-ground pool supposedly for his wife's therapy. He spent additional money buying a car and improving his home. But at the same time, he claimed to have taken about a dozen high-interest loans ranging from $60,000 to $70,000, as well as a $200,000 second mortgage on his Trumbull home to cover cash shortfalls at his law firm.

Thomas, the assistant public defender appointed to represent Claydon, doubts there will be anything more than his client's Social Security to pay off his enormous debt.

Kravitz ordered that 10 percent of that Social Security check be paid every month to the victims in the federal case.

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For further information see “Modeling RJ City—Lessons Learned” and the foundation’s website.

Deputy Dist. Atty. John Luetscher noted that Standard's insurance company — AIG — paid $90,000 of the amount and Standard Parking made up the rest, which included a $10,000 deductible and investigative and accounting fees.

Kelley ordered Eland to pay the $22,223 to Standard for its losses.

Kelley noted that AIG, in its role as an insurer, took on some of that risk of being a victim voluntarily.

"They get paid to bear that risk," Kelley said, noting that nothing prevents AIG from suing Eland in civil court to recoup its losses.

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Sangamon County first assistant state's attorney Steve Weinhoeft said his office has charged Marquez and the other boys with conspiracy, which could help with restitution because "all of the defendants become equally responsible for the actions of their co-conspirators."

However, police still will have to prove a connection between the crimes for victims to receive compensation, Weinhoeft said.

"The law gives us the burden to prove that restitution should be ordered, and we also have to prove the amount."

In addition, when a vandalism case involves juveniles, as this one allegedly does, Illinois' parental responsibility law may come into effect. The law makes a parent or guardian of someone older than 11 but under age 19 who lives with them liable for intentional actions that hurt someone else.

The article outlines the procedures in Illinois for victims who want restitution. Read it all.

"It's well-deserved because no bank robber in the history of Trumbull, Mahoning or Columbiana [counties] was able to steal $1.6 million, said Kenneth Cardinal, an assistant county prosecutor, who added he believed "this is the largest heist ever recorded" in this area.

"This case, although very, very serious, is a nonviolent case, and nobody was physically hurt," Toda's lawyer, Douglas Taylor, told the judge before she imposed the sentence.

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A study by Dalhousie University criminologist Don Clairmont found that almost one third of young offenders whose first offence was dealt with through restorative justice went on be convicted for another offence. But for youths whose first offence led to a court conviction, 53 per cent were later convicted on other charges. About 20 per cent of each group were later referred to restorative justice for a later crime.

Clairmont is cautious about reading too much into the figures. Cases that go to restorative justice usually involve less serious charges, and the young person involved has less history of trouble.

"The more true test is that as cases in restorative justice begin to approach in seriousness the cases in court, the better record of (restorative justice) still holds up," he says.

More serious cases are already coming. The number of cases involving violent offences sent to restorative justice grew from 136 in 2000 to 267 in 2004. In Halifax, violent offences accounted for 18 per cent of restorative-justice cases in 2005-06.

"We started off with very low-harm crimes, like break and enter, shoplifting," Atwell says. "And over the years, we've been getting more referrals from the police, from the Crown and from the courts, and some of these cases are now assault with weapons, extensive property damage."

This is a very healpful article about Nova Scotia's province-wide restorative justice programme for juveniles. Read it all.

As federal probation violations go, Neder's are fairly minor. Most defendants that return to prison are there for failing a drug test or committing a new crime, defense lawyers said.

Still, Neder might have avoided his current legal problems if he could have come up with $33,900 last summer.

Neder had paid about $39,000 in restitution at that point, following a payment schedule his lawyer said the probation office set based on his monthly financial statements and ability to pay.

But as Neder neared the end of his term of supervision, probation officials determined he could have been paying more and assessed an additional $33,900. A judge agreed to terminate Neder's supervision as scheduled provided he made that payment.

It also would have meant an end to his $25 million restitution.

Stone said Neder tried unsuccessfully to raise the money even though he disagreed with the order... .

The probation office also dropped the $33,900 payment differential and instead said Neder didn't make payments to the best of his ability or pay the restitution in full.

In response, Stone noted the courts found Neder indigent enough before he went to prison to appoint him a lawyer. His circumstances haven't changed since his release.

"The court cannot enforce a condition ... that is impossible to perform," Stone said.

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