[Cite as In re Kashdan, 2010-Ohio-2646.]

Court of Claims of Ohio 

Victims of Crime Division

The Ohio Judicial Center 

65 South Front Street, Fourth Floor 

Columbus, OH 43215 

614.387.9860 or 1.800.824.8263 

www.cco.state.oh.us

IN RE: LAURA J. KASHDAN 

LAURA J. KASHDAN 

 Applicant 

 

 Case No. V2009-40846 

Commissioners: 

Lloyd Pierre-Louis, Presiding 

Karl C. Kerschner 

Randi M. Ostry 

ORDER OF A THREE-COMMISSIONER PANEL

{¶ 1} On August 20, 2009, the applicant, Laura Kashdan, filed a compensation 

application as the result of a sexual assault which occurred on February 21, 2009. On 

August 28, 2009, the Attorney General issued a finding of fact and decision denying the 

applicant’s claim based on her conviction of Driving Under the Influence, a felony of the 

fourth degree, on February 11, 2004. The felony conviction was within ten years of the 

occurrence of the criminally injurious conduct, which occurred on February 21, 2009. 

Thus the claim was denied pursuant to R.C. 2743.60(E)(1)(a). On September 4, and 

21, 2009, the applicant submitted requests for reconsideration. On November 3, 2009, 

the Attorney General rendered a Final Decision finding no reason to modify its initial 

decision. On November 17, 2009, the applicant filed a notice of appeal from the 

November 3, 2009 Final Decision of the Attorney General. Hence, this claim was 

heard before this panel of commissioners on March 3, 2010 at 10:00 A.M. 

{¶ 2} Assistant Attorneys General Matthew Karam and Amy O’Grady appeared 

on behalf of the state of Ohio, while the applicant Laura Kashdan appeared via 

telephone. The applicant made a brief statement for the panel’s consideration. While 
Case No. V2009-40846 - 2 - ORDER

the applicant did not dispute she was convicted of a felony, she highlighted her 

achievements with her rehabilitation and noted she has remained sober. She asserted 

that compensation in this case would allow her to improve the quality of her life. 

Whereupon, the applicant’s statement was concluded. 

{¶ 3} The Attorney General stated that based upon the statute, the Attorney 

General’s Final Decision should be affirmed. 

{¶ 4} R.C. 2743.60(E)(1)(a) states: 

“(E) (1) Except as otherwise provided in division (E)(2) of this section, the 

attorney general, a panel of commissioners, or a judge of the court of claims 

shall not make an award to a claimant if any of the following applies: 

“(a) The victim was convicted of a felony within ten years prior to the criminally 

injurious conduct that gave rise to the claim or is convicted of a felony during 

the pendency of the claim.” 

{¶ 5} From review of the file and with full and careful consideration given to all 

the information presented at the hearing, we find the Attorney General’s November 3, 

2009 Final Decision should be affirmed. The applicant’s felony conviction occurred 

within ten years of the occurrence of the criminally injurious conduct, and the statute 

clearly states an award of reparations cannot be made in this situation. 

{¶ 6} IT IS THEREFORE ORDERED THAT 

{¶ 7} 1) The November 3, 2009 decision of the Attorney General is 

AFFIRMED; 

{¶ 8} 2) This claim is DENIED and judgment is rendered for the state of 

Ohio; 

{¶ 9} 3) Costs are assumed by the court of claims victims of crime fund.
Case No. V2009-40846 - 3 - ORDER

 _______________________________________ 

 LLOYD PIERRE-LOUIS 

 Presiding Commissioner

 _______________________________________ 

 KARL C. KERSCHNER 

 Commissioner

 _______________________________________ 

 RANDI M. OSTRY 

 Commissioner 

 A copy of the foregoing was personally served upon the Attorney General and 

sent by regular mail to Mahoning County Prosecuting Attorney and to: 

Filed 4-30-2010 

Jr. Vol. 2275, Pgs. 70-72 

To S.C. Reporter 6-9-2010