Animal rights activist must pay restitution
He owes $240,000 for burning down a West Jordan business
In a decision published Thursday, the appellate court ruled that Jason Derek Troff cannot avoid a $240,000 restitution order by declaring bankruptcy.
Troff and two other men were convicted in 1997 of setting fire to a McDonald's in West Jordan as part of a protest against eating meat. Police reported finding the words "One billion served, one billion killed," scrawled on the wall of the building.
As part of his sentence, Troff, along with two other men, were ordered to pay $240,000 in restitution to the state, which would forward the payments to the restaurant owner.
After Troff completed probation, the state rolled over the criminal restitution order into a civil judgment, expecting Troff to continue payments. In February 2003, Troff filed for Chapter 7 bankruptcy, asking the federal bankruptcy court for relief from his restitution.
During oral arguments in Denver last November, Troff's attorney argued that because the state converted the restitution order into a civil judgment, it was fair game for a bankruptcy. They also argued that because the restitution was forwarded by the government to a third party, the government was not the direct victim and had no grounds to block the bankruptcy order.
"When imposed as part of a criminal sentence, restitution ensures that offenders pay their debt, not only to their victims, but also to society," the ruling states. Appellate judges also noted that allowing criminal offenders to discharge their court-imposed obligations would "subvert" Utah's courts from their authority to mete out punishment for crimes in the form of monetary penalties.
E-mail: gfattah@desnews.com
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