2017 Ohio 1503
Ohio Ct. App.2017Background
- Cynthia Rae Cook was indicted for one count of theft after allegedly stealing funds while employed by OB/GYN Associates of Lancaster.
- At bench trial the court found Cook guilty and determined the theft amount to be $3,804.00.
- At sentencing the employer testified it paid $2,500.00 in employee overtime to investigate and identify the loss.
- The trial court ordered restitution of $6,304.00: $3,804.00 for the theft plus $2,500.00 for investigative overtime.
- Cook appealed, arguing the $2,500.00 investigative overtime was not recoverable restitution because it was a consequential expense incurred in preparing the prosecution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court may include employer investigation costs (overtime) in restitution | State: Employer needed to determine which patient accounts were affected and to calculate reimbursements, so overtime was part of the victim's economic loss | Cook: Overtime was incurred to prepare the criminal case and to value the loss, thus not a direct and proximate economic loss from the theft | The court reversed: investigation overtime is consequential and not recoverable as restitution; trial court abused its discretion |
Key Cases Cited
- State v. Lalain, 136 Ohio St.3d 248 (2013) (Supreme Court held costs of preparing reports and employee time to value returned property were not direct and proximate economic loss and thus not recoverable as restitution)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (standard for abuse of discretion review)
- State v. Williams, 34 Ohio App.3d 33 (1986) (restitution-order review authority)