Maheshwari

People v. Maheshwari

Good Law
107 Cal. App. 4th 1406·132 Cal. Rptr. 2d 903·2003 Cal. App. LEXIS 604·2003 D.A.R. 4350·2003 Daily Journal DAR 4350
Court of Appeal of CaliforniaApril 23, 2003No. B161484California1,400 words

Opinion

lead Opinion

Coffee, J.

Appellant Santosh Kumar Maheshwari embezzled over $300,000 from G.T. Tire and Wheel Company, Inc. The owner filed a civil action against appellant and prevailed. A criminal prosecution followed and appellant was convicted, sentenced to state prison and ordered to pay direct victim restitution. The restitution order included $166,751.52 in attorney fees and private investigator’s fees incurred by the owner in the civil action. Appellant argues that the fees were not properly the subject of a restitution order. We disagree and affirm.

*1408 Facts

Gary Toussanian owned G.T. Tire and Wheel Company, Inc., and had employed appellant as his bookkeeper for 15 years. Eight years into their business relationship, appellant began embezzling funds. During the next seven years he embezzled over $300,000 from Toussanian and also filed false personal tax returns.

When Toussanian discovered the extent of his loss, he filed a conversion action against appellant and prevailed. According to the probation report, he received a judgment of approximately $600,000. 1 The judgment included $41,751.52 in private investigator’s fees. Although he had also incurred $125,000 in attorney fees…

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