Utah Admin. Code R270-1-18 - Unjust Enrichment
Pursuant to Subsection 63M-7-510(1)(d), the office shall use the following criteria when considering reparations claims involving possible unjust enrichment of an offender:
(1) Reparations officers shall not base
unjust enrichment determinations solely on the presence of the offender in the
household at the time of the award.
(2) Reparations officers shall not deny
reparations awards on the basis that the offender would be unjustly enriched,
if the victim cooperates with investigation and prosecution of the crime and
does what is possible to prevent access by the offender to substantial
compensation.
(3) The office shall
issue payment directly to third party providers to prevent monies intended for
victim expenses from being used by or on behalf of the offender.
(4)
(a)
Reparation officers shall examine collateral resources such as court-ordered
restitution and medical insurance that are available to the victim from the
offender.
(b) The office shall not
penalize the victim for an offender's failure to meet legal obligations to pay
for the cost of the victim's recovery.
(5)
(a) In
determining whether enrichment is substantial or inconsequential, the
reparations officer shall consider the amount of the award and whether a
substantial portion of the compensation award will be used directly by or on
behalf of the offender.
(b) If the
offender has direct access to a cash award or if a substantial portion of it
will be used to pay for the offender's living expenses, the office may reduce
or deny that portion of the award that will substantially benefit the
offender.
(c) When enrichment is
inconsequential or minimal, the award shall not be reduced or
denied.
Notes
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