For the second time, the U.S. 9th Circuit Court of Appeals said a Southern California judge failed to consider the fair market value of services provided in ordering restitution or criminal forfeiture in a work comp kickback case.
The appeals court vacated a $27.9 million restitution order against Sam Solakyan on Monday, saying the U.S. District Court for Southern California failed to explain why it didn’t give any credit for the amount carriers would have paid in the absence of the kickback scheme.
The appeals court affirmed the conviction but sent the case back to the trial court...
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