Multiple Victim Case Update - United States of America v. Touchard et al.

United States of America v. Touchard et al.
Court Docket No. 1:24cr252

The Court has designated this case as a "Multiple Crime Victim" case under the provisions of 18 U.S.C. §3771(d)(2).  Status updates and notices of scheduled court proceedings will be relayed through this website.  General information for victims of federal crime is also available on this website under the link for the Victim-Witness Assistance Program.

Significant Events:

Information for those directly notified as Restitution Recipients:

I received a letter indicating that I was ordered restitution, when will I receive the payment?

Unfortunately, an order for a Defendant to pay restitution does not mean that the Defendant has sufficient funds to make payment(s) or that the Department of Justice will be able to fully collect. While the Department will enforce the order and seek to collect payments, it is unlikely that the Defendant will be able to fully repay the $2,036,658.53 owed to all 849 victims.

If the Defendant makes partial payments to the Court, then the court will split each payment among all 849 persons owed proportionately to each person’s share of the overall loss, otherwise known as “pro-rata”. For example, if you are owed ten-thousand dollars ($10,000.00) out of the $2 million total, your portion of the overall loss equals 0.5%. If the Defendant makes a $500 payment, you would be allocated 0.5% of that payment, or $2.50.

What steps does the government take to enforce the restitution order?

• If a Defendant is ordered to serve time in the custody of the Bureau of Prisons, while a defendant is in custody: Payments are collected by the Bureau of Prisons through the Inmate Financial Responsibility Program. Half of what prisoners earn while working in custody goes toward restitution, however, it is approximately 12 cents per hour and restitution payments are made on a quarterly basis.
• While a defendant is on supervised release: While on supervised release, a Defendant is under the supervision of a probation officer. That probation officer will also monitor and ensure appropriate restitution is paid, where possible.
• After the Defendant completes his/her period of supervised release: The U.S. Attorney’s Office Financial Litigation Program (FLP) is charged with enforcing orders of restitution. The FLP will pursue various means to enforce restitution, including the recording of a lien, until the sooner of either 20 years post-release from incarceration or upon the death of the defendant pursuant to 18 U.S.C. § 3613(b). In the event of the death of the person ordered to pay restitution, the individual’s estate will be held responsible for any unpaid balance of the restitution amount.

What about the money that the Defendant(s) took from me? Aren’t there assets that the government can seize?

All federal criminal investigations include investigation of potentially forfeitable assets. However, the Department of Justice’s seizure and forfeiture power extends only to assets acquired solely by the proceeds of the federal crime or to assets that were used to facilitate the federal crime. Unfortunately, in most cases, defendants comingle legitimate and illegitimate funds, and/or use fraudulently obtained monies to pay their own personal expenses (home and car loans, travel, etc.) leaving nothing left to seize. If assets were found that could be forfeited, instructions as to how to file a petition for remission would be provided and/or the US Attorney’s Office would request restoration of those assets so that they are applied to the restitution order automatically.

How will I know if payments are being made?

The Clerk of Court for the Northern District of Ohio collects and disburses restitution payments. Their office has been provided a copy of the judgment order and each restitution recipient’s mailing address. Once sufficient funds are available to issue a disbursement to victims, their office will print and mail a U.S. Treasury check to the address on file. If a payment is returned to their office as undeliverable, they will request assistance from our office in obtaining a current mailing address for you.

Inquiries regarding potential balances should not be made with their office more than once a year given the high volume of restitution recipients owed funds in this case. Please know that their office cannot answer substantive questions about the criminal case.

Is there anything more I can do to recoup my investment?

There is nothing further you need to do as a result of being ordered restitution other than keeping the Clerk of Court advised of your current mailing address. If you have moved from the address the letter was first delivered to, or if you move in the future, you must complete and return the “Victim Address Change Form” to the Clerk of Court for the Northern District of Ohio.

In some instances, a victim may also wish to file a civil action or file in small claims court against a defendant to recoup losses caused by the crime. For advice on the wisdom of such a suit, you should consult with a private attorney of your choice or the Small Claims court in the county in which the crime occurred. There is usually a statute of limitations which limits the time in which a civil suit can be filed.

A victim may also choose to record an Abstract of Judgment which becomes a lien upon the property of the defendant in that county/state in the same manner as a state court judgment. Victims should consult with a private attorney for specific information.

The person ordered restitution is now deceased. What happens to the amount owed to them?

Restitution can be distributed to beneficiaries. To change the name of a restitution payee, please complete and return the “Victim Payee Name Change Form” along with the death certificate and copy of relevant will/trust documentation confirming beneficiary information to the Clerk of Court for the Northern District of Ohio. Please know that their office cannot answer substantive questions about the criminal case.

I am still investing, or would like to in the future, how can I protect myself?

• The Financial Industry Regulatory Authority (“FINRA”): The “For Investors” section of their website includes a Broker-Check tool that allows you to check the background of an investment professional or firm. https://www.finra.org/investors#/
• U.S. Securities and Exchange Commission (“SEC”): The SEC’s “investor.gov” website provides investors with the resources to make informed investment decisions. https://www.investor.gov/
• Victim Connect Resource Center: The Victim Connect Resource Center is a referral helpline where crime victims can learn about their rights and options confidentially and compassionately. https://victimconnect.org/