State v. Keith

Summary

The Utah Court of Appeals affirmed a restitution order against Shawna Jo Keith following her conviction for making a false credit report in connection with a vehicle purchase. The court held that the dealership's pecuniary loss could be measured by the vehicle's $19,063 contract price rather than the $6,500 wholesale acquisition cost because the loss arose from a completed, fraud-induced sale with a definite payment obligation.

Holdings

1. When a defendant's criminal conduct causes the loss of a completed retail transaction supported by a contract establishing a definite payment obligation, the contract price may be an appropriate measure of the victim's actual pecuniary damages, rather than the seller's wholesale acquisition cost.
2. The district court did not abuse its discretion by ordering restitution of $19,063, the vehicle's contract purchase price.

Questions Presented

1. Whether the district court used the proper measure of pecuniary damages in ordering restitution.
2. Whether, under the particular circumstances of a fraud-induced completed retail sale, restitution could be measured by the contract purchase price rather than the dealership's wholesale acquisition cost.

Disposition

affirmed