V
107TH CONGRESS
1ST SESSION
H. R. 2831
For the relief of Patricia and Michael Duane, Gregory Hansen, Mary
Pimental, Randy Ruiz, Elaine Schlinger, and Gerald Whitaker.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 2001
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 Han-
sen, Mary Pimental, Randy Ruiz, Elaine Schlinger, and
Gerald Whitaker.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) In 1996, Donald Bickerstaff, after posing
as a financial planner, absconded with a total of
$11,808,931.87 that he had fraudulently obtained
from certain investors, including—
(A) Patricia and Michael Duane of
Kenwood, California;
(B) Gregory Hansen of Mill Valley, Cali-
fornia;
(C) Mary Pimental of Napa, California;
(D) Randy Ruiz of San Rafael, California;
(E) Elaine Schlinger of San Anselmo, Cali-
fornia; and
(F) Gerald Whitaker of Napa, California.
(2) Donald Bickerstaff was subsequently ar-
rested and tried, convicted in 1998 of defrauding
more than 50 people, and ordered to pay restitution
to his victims by the United States District Court
for the Northern District of California (United
States v. Bickerstaff, No. CR97–0332–FMS).
(3) The United States Attorney for the North-
ern District of California and the Federal Bureau of
Investigation conducted two assets seizures from
Donald Bickerstaff to effect restitution on behalf of
those he defrauded.
(4) The first assets seizure, which occurred in
July 1999, consisted of automobiles and personal
property and produced $121,000 in proceeds, which
was distributed proportionately to all the victims
based on their losses.
(5) The second assets seizure, which occurred
in October 1999, consisted of 70 racehorses and pro-
duced $300,000 in proceeds, which was distributed
proportionately to the victims based on their losses,
except that the seven individuals identified in para-
graph (1) were excluded from this restitution.
(6) These seven individuals submitted the prop-
er paperwork, but through no fault of their own, it
never reached the appropriate office within the De-
partment of Justice.
(7) The Department of Justice has been unable
to withdraw funds from the Department of Justice
Assets Forfeiture Fund in order to make restitution
to these individuals who were improperly denied res-
titution paid from the proceeds of the second assets
forfeiture sale.
(b) PURPOSE.—The purpose of this Act is to fairly
compensate the seven individuals denied restitution out of
the funds from the second assets forfeiture sale by ensur-
ing they receive the payment they would have received if
their paperwork had been properly processed by the De-
partment of Justice.
SEC. 2. PAYMENT FROM DEPARTMENT OF JUSTICE ASSETS
FORFEITURE FUND.
The Attorney General shall pay, out of the Depart-
ment of Justice Assets Forfeiture Fund established under
section 524(c) of title 28, United States Code, to each of
the individuals identified in section 1(a)(1) the sum each
such individual would have received if the Department of
Justice had properly processed such individual’s claim for
restitution out of the funds of the second assets forfeiture
sale (referred to in section 1(a)(5)) for the losses resulting
from Donald Bickerstaff’s illegal acts.
SEC. 3. LIMITATION ON AGENT OR ATTORNEY FEES.
No agent or attorney shall receive more than 10 per-
cent of any amount described in section 2 for any service
rendered in connection with the payment made by this
Act, notwithstanding any contract which provides other-
wise. Any person who violates this section shall be guilty
of an infraction and shall be subject to a fine in the
amount provided in title 18, United States Code.
Æ