| Home > 106th Congressional Bills > H.R. 2318 (ih) To amend the Internal Revenue Code of 1986 to provide corporate alternative minimum tax reform. [Introduced in House] ...
H.R. 2318 (ih) To amend the Internal Revenue Code of 1986 to provide corporate alternative minimum tax reform. [Introduced in House] ...
108th CONGRESS 1st Session H. R. 2317 For the relief of Patricia and Michael Duane, Gregory Hansen, Mary Pimental, Randy Ruiz, Elaine Schlinger, and Gerald Whitaker. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 3, 2003 Mr. Thompson of California introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL For the relief of Patricia and Michael Duane, Gregory Hansen, Mary Pimental, Randy Ruiz, Elaine Schlinger, and Gerald Whitaker. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) In 1996, Donald Bickerstaff, after posing as a financial planner, absconded with a total of $11,808,931.87 that he had fraudulently obtained from certain investors, including-- (A) Patricia and Michael Duane of Kenwood, California; (B) Gregory Hansen of Mill Valley, California; (C) Mary Pimental of Napa, California; (D) Randy Ruiz of San Rafael, California; (E) Elaine Schlinger of San Anselmo, California; and (F) Gerald Whitaker of Napa, California. (2) Donald Bickerstaff was subsequently arrested and tried, convicted in 1998 of defrauding more than 50 people, and ordered to pay restitution to his victims by the United States District Court for the Northern District of California (United States v. Bickerstaff, No. CR97-0332-FMS). (3) The United States Attorney for the Northern District of California and the Federal Bureau of Investigation conducted two assets seizures from Donald Bickerstaff to effect restitution on behalf of those he defrauded. (4) The first assets seizure, which occurred in July 1999, consisted of automobiles and personal property and produced $121,000 in proceeds, which was distributed proportionately to all the victims based on their losses. (5) The second assets seizure, which occurred in October 1999, consisted of 70 racehorses and produced $300,000 in proceeds, which was distributed proportionately to the victims based on their losses, except that the seven individuals identified in paragraph (1) were excluded from this restitution. (6) These seven individuals submitted the proper paperwork, but through no fault of their own, it never reached the appropriate office within the Department of Justice. (7) The Department of Justice has been unable to withdraw funds from the Department of Justice Assets Forfeiture Fund in order to make restitution to these individuals who were improperly denied restitution paid from the proceeds of the second assets forfeiture sale. (b) Purpose.--The purpose of this Act is to fairly compensate the seven individuals denied restitution out of the funds from the second assets forfeiture sale by ensuring they receive the payment they would have received if their paperwork had been properly processed by the Department of Justice. SEC. 2. PAYMENT FROM DEPARTMENT OF JUSTICE ASSETS FORFEITURE FUND. The Attorney General shall pay, out of the Department of Justice Assets Forfeiture Fund established under section 524(c) of title 28, United States Code, to each of the individuals identified in section 1(a)(1) the sum each such individual would have received if the Department of Justice had properly processed such individual's claim for restitution out of the funds of the second assets forfeiture sale (referred to in section 1(a)(5)) for the losses resulting from Donald Bickerstaff's illegal acts. SEC. 3. LIMITATION ON AGENT OR ATTORNEY FEES. No agent or attorney shall receive more than 10 percent of any amount described in section 2 for any service rendered in connection with the payment made by this Act, notwithstanding any contract which provides otherwise. Any person who violates this section shall be guilty of an infraction and shall be subject to a fine in the amount provided in title 18, United States Code. <all>
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