People v. Maxich

In People v. Maxich, 971 P.2d 268, 269 (Colo.Ct.App.1998), cert. denied, (Colo. 1999), defendant embezzled more than $ 285,000 from her former employer, who relinquished all claims against defendant stemming from the embezzlement in exchange for property with the net value of approximately $ 46,000. Ibid. After a restitution hearing, defendant was ordered, as a condition of probation, to pay $ 244,860.61 in restitution to her former employer. Ibid. On appeal, defendant argued that the criminal restitution order must be set aside because it conflicted with the release signed by the employer. Id. at 270. The court disagreed: "We conclude that a release from liability obtained in a civil settlement cannot limit a criminal court's authority to order restitution equivalent to actual pecuniary damages. A contrary conclusion would . . . frustrate the rehabilitative purposes of probation by permitting criminal defendants to avoid financial responsibility for their conduct." Ibid.