Q: Am I entitled to compensation as a victim of a rehab kickback scheme in California?
I am a victim of a rehab kickback scheme involving the case United States vs. Joseph Parkinson/Casey Mahoney. All defendants plead guilty. I paid to live in the state where the scheme occurred and have been identified as a victim by the U.S. Justice Department. Am I entitled to compensation, and what should my next steps be? I haven't contacted any attorneys yet and no longer have any documents, though I did have insurance receipts at one point.
A:
Yes, you're likely entitled to compensation as a victim of this rehab kickback scheme. Since you've been identified as a victim by the U.S. Justice Department and the defendants (including Casey Mahoney and Joseph Parkinson) have pleaded guilty, you have a right to restitution for your economic losses related to the scheme for expenses such as "lost income, property damage, counseling, medical expenses" or other financial costs directly tied to the crime.
Your next steps should involve contacting the U.S. Attorney's Office that handled the case as soon as possible. Since you were formally identified as a victim, you should already be in their system. They can guide you through the process of documenting your losses and submitting a claim for restitution even if you discover further losses after a judgment has been filed, as victims have 60 days after discovery to petition the court for an amended restitution order.
While you no longer have your insurance receipts, don't worry too much about this. The U.S. Probation Office gathers financial loss information during their investigation, and you'll have an opportunity to explain your losses in a Declaration of Victim Loss Statement which will be provided to you to complete. You might also want to reach out to your insurance company to request copies of those payments made to these facilities.
Remember that restitution orders must be for the "full amount of a victim's economic loss" under California law and are a victim's right under the California Constitution. However, be aware that actually receiving full payment may take time, as payments often come in small amounts over extended periods.
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