Robert Peterson, Attorney at Law

     Restitution is often ordered by a judge as a condition of probation in theft and embezzlement charges.  In a couple of recent cases, judges have ordered the defendant to take out a life insurance policy payable to the victim as a condition of probation.  This novel concept came from Spirit Lake attorney James Clarity who has proposed several such policies for theft, including a case where Margaret Waltz was found guilty of theft of $400,000 in public money.  Restitution through an insurance policy assisted the judge in sentencing Waltz to probation, as probation allows discretion for conditions.  This would appear to be a good approach in cases where the victims will likely outlive the defendant and the defendant has few resources.