H. Wayne Hays was convicted of fraud in connection with a Ponzi scheme, sentenced to 20 years imprisonment, and ordered to pay $425,705 restitution. Hays represented himself at trial, although the trial court did not give him Faretta warnings, namely Hays was not told the dangers and disadvantages of self-representation. Faretta v. California, 422 U.S. 806 (1975). Hays lost on direct appeal, but won after a collateral attack for the Faretta violation. Since the government lost the exhibits from Hays' case, it dismissed the charges. Hays had paid about 75K of the required restitution, and he wants reimbursed. What result?
The government must pay back any money it retains. However, if the government has already dispursed the cash to crime victims, the defendant has no remedy since the government was allowed to dispurse the money upon entry of a final judgment. United States v. Hays, No. 02-10203, (9th Cir., Oct. 8, 2004) (Thomas, J., for Reinhardt and Clifton, J.J.)