V

106TH CONGRESS

2D SESSION H. R. 5610

For the relief of Patricia and Michael Duane, Gregory Hansen, Mary

Pimental, Randy Ruiz, Elaine Schlinger, and Gerald Whitaker.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 31, 2000

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS AND PURPOSE.

4 (a) FINDINGS.—The Congress finds the following:

5 (1) In 1996, Donald Bickerstaff, after posing

6 as a financial planner, absconded with a total of

7 $11,808,931.87 that he had fraudulently obtained

8 from certain investors, including—

9 (A) Patricia and Michael Duane of

10 Kenwood, California;
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1 (B) Gregory Hansen of Mill Valley, Cali2 fornia;

3 (C) Mary Pimental of Napa, California;

4 (D) Randy Ruiz of San Rafael, California;

5 (E) Elaine Schlinger of San Anselmo, Cali6 fornia; and

7 (F) Gerald Whitaker of Napa, California.

8 (2) Donald Bickerstaff was subsequently ar9 rested and tried, convicted in 1998 of defrauding

10 more than 50 people, and ordered to pay restitution

11 to his victims by the United States District Court

12 for the Northern District of California (United

13 States v. Bickerstaff, No. CR97–0332–FMS).

14 (3) The United States Attorney for the North15 ern District of California and the Federal Bureau of

16 Investigation conducted two assets seizures from

17 Donald Bickerstaff to effect restitution on behalf of

18 those he defrauded.

19 (4) The first assets seizure, which occurred in

20 July 1999, consisted of automobiles and personal

21 property and produced $121,000 in proceeds, which

22 was distributed proportionately to all the victims

23 based on their losses.

24 (5) The second assets seizure, which occurred

25 in October 1999, consisted of 70 racehorses and pro-
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1 duced $300,000 in proceeds, which was distributed

2 proportionately to the victims based on their losses,

3 except that the seven individuals identified in para4 graph (1) were excluded from this restitution.

5 (6) These seven individuals submitted the prop6 er paperwork, but through no fault of their own, it

7 never reached the appropriate office within the De8 partment of Justice.

9 (7) The Department of Justice has been unable

10 to withdraw funds from the Department of Justice

11 Assets Forfeiture Fund in order to make restitution

12 to these individuals who were improperly denied res13 titution paid from the proceeds of the second assets

14 forfeiture sale.

15 (b) PURPOSE.—The purpose of this Act is to fairly

16 compensate the seven individuals denied restitution out of

17 the funds from the second assets forfeiture sale by ensur18 ing they receive the payment they would have received if

19 their paperwork had been properly processed by the De20 partment of Justice.

21 SEC. 2. PAYMENT FROM DEPARTMENT OF JUSTICE ASSETS

22 FORFEITURE FUND.

23 The Attorney General shall pay, out of the Depart24 ment of Justice Assets Forfeiture Fund established under

25 section 524(c) of title 28, United States Code, to each of
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1 the individuals identified in section 1(a)(1) the sum each

2 such individual would have received if the Department of

3 Justice had properly processed such individual’s claim for

4 restitution out of the funds of the second assets forfeiture

5 sale (referred to in section 1(a)(5)) for the losses resulting

6 from Donald Bickerstaff’s illegal acts.

7 SEC. 3. LIMITATION ON AGENT OR ATTORNEY FEES.

8 No agent or attorney shall receive more than 10 per9 cent of any amount described in section 2 for any service

10 rendered in connection with the payment made by this

11 Act, notwithstanding any contract which provides other12 wise. Any person who violates this section shall be guilty

13 of an infraction and shall be subject to a fine in the

14 amount provided in title 18, United States Code.

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