Articles Posted in Intellectual Property

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Defendant pleaded guilty to fifth-degree-felony theft of property valued at $500 or more but less than $5,000 for misappropriating intellectual property from his employer (Employer). As part of his sentence, the trial court ordered Defendant to pay restitution to Employer in the amount of $63,121, representing the costs of a company investigation and an accounting. The court of appeals affirmed the order of restitution. The Supreme Court reversed, holding (1) a trial court has discretion to base the amount of restitution in an appropriate case on the amount it orders on a recommendation of the victim, the offender, a presentence investigation report, and other information, but the amount ordered cannot be greater than the amount of economic loss suffered as a direct and proximate result of the commission of the offense; (2) a hearing on restitution is required only if the offender, victim, or survivor disputes the amount of restitution ordered; and (3) the trial court lacked authority in this case to order $63,121 in restitution. Remanded. View "State v. Lalain" on Justia Law