Saturday, September 20, 2008

Here's an out of control bit of legal wrangling that even three other lawyers with a combined 58 years of experience can't figure out. A contractor, Mark Koch, pled guilty to criminal violations and was required to pay restitution. A bankruptcy judge then ordered the victim of the crime, Mark Poveromo, to pay the restitution back to the contractor:
Poveromo was ordered by a Federal Bankruptcy judge in St. Louis to pay Koch back the money he stole from him. The bizarre ruling claimed that by filing a complaint with Thomaston Police which led to Koch's arrest, Poveromo interfered with the contractors' attempt to file for bankruptcy, even though Poveromo had no idea Koch was attempting to do so.


Now if it had been a civil judgment, that would probably have been justified, but somehow the bankruptcy court thinks it's justified interfering with a criminal judgment. Now the victim faces bankruptcy himself - apparently this judge is just looking to do what he can to pump up the caseload. Oh, and he threatened to place liens or seize business assets if Poveromo appealed his bizarre order!

Ripped off businessman has to pay scammer

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