An in-depth look at the state’s restitution system shows that most victims will never see their money again, while those who are supposed to pay them are not properly vetted before a plea deal is agreed upon.
In a four-part series printed in the Journal Tribune last week, the Maine Center for Public Interest Reporting shed some much-needed light on a system that leaves millions of dollars in unpaid restitution in limbo year after year.
In one local case, members of the York American Legion Post 56 were swindled out of $50,000, as reported by MCPIR writer Marina Villeneuve. The group was looking to raise between $1.2 to $1.5 million to build a new, permanent home after renting out the basement of a retail plaza for a decade.
The turning point came when a local woman died and left a plot of land to the group in memory of her father, but with the caveat that ground must break on the project within two years. The group started to look for professional help to get the project rolling, which is when Ryan Byther came into the picture, according to Villeneuve. He sold legion members on his vision for raising $2 million within the required two-year period, and the group signed on.
So in 2008, the Legion used $50,000 of the $300,000 it had raised over the previous 15 to 20 years as a retainer for Byther, who promised to raise the remaining building funds needed.
Byther instead used the $50,000 to invest in a failed attempt at being a Portland nightclub owner and other ventures, according to Villeneuve’s reporting, and didn’t raise any money for the legion. On top of losing the money, the legion started to get calls from plumbers, construction workers and others who had not been paid.
Although an investigation commenced and Byther was found guilty of felony theft by deception in York County Superior Court in February 2012, the legion has little hope of getting its money back.
As part of his sentence, Byther got five years in prison, with all but six months suspended, and he was ordered to repay the legion the $50,000 he stolen in restitution, but members say today, they’ve seen little of that money, and even if they get it all back eventually, the damage is done.
Despite losing the money, the York Legion opened its new building in December 2008. But now, members say, the York Legion is in serious financial trouble, since it had to keep good on payments to vendors that worked on the building, as well as other debts.
Court records show that Byther was ordered to pay back the $50,000 in about three years ”“ his period of probation ”“ but it wasn’t specified how often or in what increments the restitution should be paid. When that happens, the Department of Corrections sets restitution payments following state guidelines based on a probationer’s ability to pay, according to Villeneuve’s reporting.
The schedule set by Byther’s probation officer is a monthly payment of $163. Under the plan, even if Byther never missed a payment ”“ which he reportedly already has ”“ it would take 25 years to pay back the $50,000.
The Maine Center for Public Interest Reporting investigation showed this case is more the norm than the exception, but another problem compounding the issue is no one in the state is charged with keeping track of how much is owed to victims, and there is no central database with that information, nor staff dedicated to make sure it’s followed through on.
It’s clear that the state’s restitution system needs work, as does the sentencing for people who commit these crimes.
If people know they can get a lesser jail sentence with an agreement to repay restitution, there is really no onus on them not to commit such crimes. As we see every day, people default on loans and mortgages, miss child support payments and get behind in paying their taxes and other bills ”“ and that includes regular, upstanding citizens who are doing their best. Criminals who don’t think twice about stealing money from nonprofit organizations, individuals or small businesses for which they work, won’t think twice about agreeing to pay restitution without any intention of doing so either.
Judges should have to consider a person’s ability to pay when considering restitution as part of their sentence ”“ which isn’t currently part of the process, according to the center. And if a person is not likely to be able to pay back the amount they stole, a more stringent jail sentence should be imposed so that person pays their “debt” ”“ at least to society. With the threat of serving serious jail time again, they may at least think twice about stealing upon their release.
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