State v. Bruun
State v. Bruun
Opinion
*758 ¶1 This case presents the question of whether a civil settlement between a victim and a defendant, entered into prior to entry of an order of complete restitution in a related criminal case, precludes the victim from enforcing that restitution order once it is entered as a judgment on the civil docket. In light of the plain language of, and the well-recognized purposes for, the Crime Victims Restitution Act, we conclude that a prior civil settlement does not preclude enforcement of a restitution judgment provided that the victim does not obtain a double recovery.
BACKGROUND 1
¶2 Following a jury trial in 2013, Allan Bruun and James Diderickson (collectively, Defendants) were convicted of twelve counts of theft and one count of engaging in a pattern of unlawful activity, growing out of their criminal conduct perpetrated against Utah County landowners (Victims). 2 In 2007, Defendants and Victims entered into a joint business venture to develop 29 acres of land in Saratoga Springs (the Property) that Victims had purchased decades earlier to fund their retirement. Victims partnered with an entity owned by Defendants, Equity Partners LLC, to form Tivoli Properties LLC, whose purpose was to "carry[ ] on the business of acquiring, managing, improving, subdividing, developing, leasing and selling the Property or any other enterprise that members may mutually agree upon." Victims held a 25% interest in Tivoli, and Equity Partners owned the remainder.
¶3 As part of the joint venture, Victims also agreed to sell the Property to Equity Partners for $ 3.5 million, with $ 750,000 due as a down payment. Prior to closing on the sale of the Property, Defendants informed Victims that they were unable to make the $ 750,000 down payment and convinced Victims to take out a loan secured by the Property for that amount to enable commencement of the Property's development. Approximately $ 350,000 of the loan proceeds was used to pay off existing mortgages and taxes on the Property, and the remaining $ 400,000 was transferred to Tivoli's business checking account, whereupon that sum became the company's only operating funds.
¶4 Approximately six months later, Victims discovered that Defendants had written a host of checks on Tivoli's account that did not appear to be related to the development of the Property. Following Victims' complaints and ensuing negotiations, Victims and Defendants entered into a settlement agreement (the Settlement Agreement) in which Defendants agreed to transfer title to all but .6 acres of the Property back to Victims. Defendants had already sold the remaining .6 acres to the Utah Department of Transportation, but they agreed to also transfer the proceeds from that sale, $ 174,000, to Victims. In exchange, Victims paid Equity Partners $ 25,000 and agreed to "waive any claim or right to assert any cause of action" against Defendants related to their management of Tivoli. The checks that later gave rise to the theft charges against Defendants were identified in the Settlement Agreement, which recited that Victims released any claims they had concerning the checks.
*759 ¶5 Two years later, the State charged Defendants with 28 counts of theft and one count of engaging in a pattern of unlawful activity for writing unauthorized checks on Tivoli's account. A jury determined that 12 of the 28 checks were unauthorized by Tivoli's operating agreement and convicted Defendants on twelve counts of theft and one count of engaging in a pattern of unlawful activity. As part of their sentence, the district court ordered Defendants to jointly and severally pay Victims $ 189,574.33 in complete and court-ordered restitution-the aggregate sum of the 12 checks underlying the theft convictions.
¶6 Defendants previously appealed their convictions and the district court's order of restitution, resulting in our decision in
State v. Bruun
(
Bruun I
),
¶7 Relying on our Supreme Court's decision in
State v. Laycock
,
¶8 During the pendency of
Bruun I
, Defendants moved the district court for an order of satisfaction of judgment pursuant to rule 58B of the Utah Rules of Civil Procedure. They argued that because the Settlement Agreement referenced the 12 checks that were the subject of the restitution order and included an express release of Victims' claims concerning the same, they were entitled to an order of satisfaction of judgment once the complete restitution order was entered as a judgment on the civil docket.
See
ISSUE AND STANDARD OF REVIEW
¶9 Whether a
prior
settlement agreement can satisfy an order of complete restitution after the restitution order is entered as a judgment on the civil docket presents a question of law, which we review for correctness.
See
Pilot v. Hill
,
ANALYSIS
¶10 The Crime Victims Restitution Act (the Act) requires a district court to "determine complete restitution and court-ordered restitution," 3
*760
¶11 Citing this provision of the Act and relying on rule 58B(b) of the Utah Rules of Civil Procedure, Defendants argue that once the complete restitution order was reduced to a civil judgment, they were entitled to an order of satisfaction of that judgment. See Utah R. Civ. P. 58B(b) (providing that a district court "may, upon motion and satisfactory proof, enter an order declaring [a] judgment satisfied"). Specifically, Defendants contend that their compliance with the terms of the Settlement Agreement-the one they and Victims executed two years prior to the commencement of criminal proceedings and which referenced the 12 checks Defendants wrote on the Tivoli account-served as "satisfactory proof" that the judgment had been satisfied. Defendants assert that through their efforts to re-zone the Property, its value increased between the time Victims sold it to Equity Partners and the time it was conveyed back to Victims pursuant to the Settlement Agreement, and that this increase in value was sufficient to satisfy the complete restitution amount of $ 189,574.33. 5
¶12 Defendants correctly state that upon agreement between the parties, a judgment debtor's obligation to the judgment creditor may be satisfied under rule 58B(b) of the Utah Rules of Civil Procedure by means other than direct monetary payment.
See
Red Bridge Capital LLC v. Dos Lagos LLC
,
¶13 In support of their position, Defendants cite
State v. Laycock
,
In the context of this case, once [the district court] completes the task assigned to [it] on remand-to determine complete restitution-that sum will be reduced to a civil judgment, a judgment that may only be enforced through the Utah Rules of Civil Procedure. At that point, a serious question will arise over whether [the victim] may execute on her judgment when she has released [the defendant] from all of her claims against him. While this question is one we need not answer today, we likely will be required to answer it someday.
*761 It would appear that under our statutory scheme, the rationale we used to reject [the defendant's] mootness claim may lose much of its persuasive force after a civil judgment is entered .
Id. ¶ 33 (emphasis added). Defendants rely on the emphasized language to support the contention that the discharge of their responsibilities under the Settlement Agreement likewise satisfied the civil judgment entered against them at the conclusion of their criminal case.
¶14 But, as Defendants acknowledge, the comments shared by our Supreme Court amount to nonbinding dicta. Specifically, because the Court merely speculated on the legal issue and expressly reserved it for future resolution, the comments to which Defendants direct our attention represent no more than "a remark or expression of opinion that [the C]ourt uttered as an aside," rendering it nonbinding obiter dicta.
6
See
Ortega v. Ridgewood Estates LLC
,
¶15 We begin by turning to the plain language of the Act.
See
Ogden
,
¶16 And insofar as the Act directs us to the Utah Rules of Civil Procedure, those rules do not contemplate the situation presented by this case. Although parties in a
*762
civil proceeding may certainly enter into settlement agreements
after
a plaintiff has obtained a judgment against a defendant,
8
see
Utah R. Civ. P. 58B(b), a settlement between the parties
prior
to formal, judicial resolution of a civil case would result in dismissal of the case should an action thereafter be brought and should the defendant choose to raise settlement as an affirmative defense,
see
¶17 Admittedly, although the Act's plain language provides some guidance, such guidance is limited and the Act is largely silent on the particular issue presented in this case. "When a statute is silent regarding particular circumstances and we determine that such a gap was not the intent of the legislature, we must determine the best rule of law to ensure that the statute is applied uniformly."
Cox v. Laycock
,
¶18 The Act was enacted to serve two well-recognized purposes. The first is "to compensate the victim for pecuniary damages."
9
State v. Laycock
,
¶19 In
Laycock
, our Supreme Court relied heavily on the dual purposes of the Act in holding that a prior settlement agreement between defendant and victim could not foreclose the imposition of complete restitution by the district court.
See
¶20 It must be noted that settlement agreements, typically the result of negotiation and compromise, often will not fully compensate victims for the pecuniary damages suffered by them, which complete restitution, by its very terms, is intended to do.
See
¶21 The second purpose of the Act-that of rehabilitation and deterrence-is likewise not fulfilled by Defendants' interpretation of the Act. "[O]rders of complete restitution, though technically entered on the civil docket, flow entirely from the criminal cases that give rise to them; they are not separate civil cases with a life outside of the criminal case."
State v. Mooers
,
¶22 Based on the language of the Act providing that victims can enforce their restitution judgments pursuant to the Utah Rules of Civil Procedure, the lack of guidance from the rules themselves, and the well-recognized purposes the Act was enacted to promote, we hold that the Settlement Agreement will offset the district court's complete restitution award only to the extent that the settlement demonstrably compensated Victims for the pecuniary losses occasioned by the thefts of which Defendants were convicted. It is insufficient that the Settlement Agreement expressly referenced the 12 checks that provided the basis for Defendants' criminal convictions and restitution order. Even though the Settlement Agreement contained a purported release of any claims Victims had resulting from the checks, 10 the *764 Settlement Agreement must have actually compensated them for the pecuniary losses they suffered as a result of those unauthorized checks. As such, we next determine whether and to what extent the Settlement Agreement did so.
¶23 In their earlier appeal, Defendants argued that the Settlement Agreement and the restitution order amounted to double recovery for Victims.
See
Bruun I
,
CONCLUSION
¶24 Having considered the language and purposes of the Crime Victims Restitution Act, we conclude that prior settlement agreements do not satisfy complete restitution judgments, except to the extent that the settlements and judgments would demonstrably result in double recovery. Because the Settlement Agreement Victims entered into with Defendants has not been shown to be duplicative of the restitution judgment, Defendants are not entitled to satisfaction of the judgment, partial or otherwise.
¶25 Affirmed.
"On appeal, we recite the facts from the record in the light most favorable to the jury's verdict and present conflicting evidence only as necessary to understand issues raised on appeal."
State v. Daniels
,
A more detailed account of the facts underlying Defendants' convictions is provided in our prior decision in this case.
See
State v. Bruun
,
"Complete restitution is restitution necessary to compensate a victim for
all
losses caused by the defendant, taking into account all relevant facts," including those facts enumerated in Utah Code section 77-38a-302(5)(b).
State v. Mooers
,
In contrast, unlike complete restitution orders that are enforceable as civil judgments, "a violation of court-ordered restitution subjects the defendant to criminal enforcement mechanisms such as contempt of court."
Mooers
,
But as we will discuss infra , the district court expressly rejected this contention when determining the complete restitution amount, deeming the evidence presented regarding the pre- and post-settlement values of the Property to be too speculative.
"Dicta normally comes in two varieties: obiter dicta and judicial dicta."
Ortega v. Ridgewood Estates LLC
,
As a natural corollary, the Legislature's choice of the word "enforceable" suggests that rather than the entirety of the Utah Rules of Civil Procedure, the Legislature intended only the rules that specifically govern the enforcement of judgments to apply to complete restitution judgments. See, e.g. , Utah R. Civ. P. 64C, 64D, 64E, 66, 69A, & 69C.
A plaintiff might opt to settle with a defendant after a district court's entry of judgment for less than the judgment amount in order to obtain a prompt payment rather than having to proceed with enforcement efforts. The plaintiff might also wish to avoid any potential costs that the plaintiff might incur as a result of collecting on the judgment or even to avoid altogether the uncertainties that surround the collection process.
The current version of the Act defines "pecuniary damages" as
all demonstrable economic injury, whether or not yet incurred, including those which a person could recover in a civil action arising out of the facts or events constituting the defendant's criminal activities and includes the fair market value of property taken, destroyed, broken, or otherwise harmed, and losses, including lost earnings, including those and other travel expenses reasonably incurred as a result of participation in criminal proceedings, and medical and other expenses, but excludes punitive or exemplary damages and pain and suffering.
As we recognized in
Bruun I
, this definition differs slightly from the one in effect at the time the district court determined the restitution amounts in the current case.
See
State v. Bruun
,
And to the extent the Settlement Agreement was used in an effort to curb Victims' participation in subsequent criminal proceedings, it would be void as against public policy. See 15 Grace McLane Giesel, Corbin on Contracts § 83.1, at 251 (Joseph M. Perillo ed., rev. ed. 2003) ("[A]ny bargain for the purpose of stifling a criminal prosecution, whether or not the bargain is criminal, is always contrary to public policy and unenforceable."). While the release may well have precluded Victims from bringing a civil action to recover the amount of the unauthorized checks, the release was not effective to preclude Victims from complaining to the criminal authorities or benefitting from their rights under the Act.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.