Friday, April 29, 2011

Abood Law Firm Helps Client to get Money from Stolen Item

Schneider: Woman to finally get money for stolen item

Nineteen months after I wrote about a dispute over more than $6,000 in crime-victim restitution, Ingham County Circuit Court Judge Paula Manderfield ruled Monday that the 55th District Court "abused its discretion" in denying restitution to the "proper victim."

Manderfield ordered the District Court to pay $6,685 to Penny Panetta, who lives in Lansing.
Responding, via email, to my inquiry Wednesday, District Court administrator Michael Dillon wrote: "The Court respects the opinion of the Circuit Court and will pay Ms. Panetta as ordered ..."


Ripped off
The story goes back to 2006, when Panetta brought a tennis bracelet to an East Lansing store called iSold It. The shop, which closed in 2007, helped people sell items via eBay Inc. online auctions.
Panetta's bracelet, made of gold diamonds, was stolen by an iSold It employee. That employee was charged and convicted, and was ordered, as part of his sentence, to pay Panetta $6,685 in restitution.
The thief paid the money to the District Court, which mistakenly forwarded it to the owner of the defunct store.
Originally, court officials confirmed that. One of them actually suggested that Panetta phone the guy who got her money and try to talk him into giving it back.
Initially Dillon told me a clerk "wrongly assumed the victim was the business owner" and made the payment to him. But then he said the assumption was correct, after all. He said the case file identified the store owner as the victim, and, thus, the rightful recipient of the restitution.
It was one of Panetta's lawyers, Andrew Abood, who brought Manderfield's decision to my attention. In an email to me Abood wrote:
"Obviously, Judge Manderfield had a pretty strong opinion about the manner in which Ms. Panetta was treated by the 55th District Court."

No charge
Abood said he would waive his fee in the case, explaining that decision this way:
"Just look at the facts of the case," he said. "She got screwed by the government, and I hope this brings it to a close."
As for Panetta, she could hardly believe her long court battle is over.
"It was mind-boggling that they couldn't understand (why the restitution belonged to her)," she said.
Panetta said she made up her mind at the beginning that she wouldn't give up until she achieved justice.
"I told myself I would not stop - whatever I had to do," she said. "What they were trying to do to me was wrong."
In an email on Thursday Dillon wrote: "Our financial coordinator is currently in the process of issuing the check."
The court, he added, will go after the money previously paid.

Questions or Comments? Contact Clinton Van Nocker at Clint@aboodlaw.com

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