Insurance Fraud Perpetrator Must Pay Restitution as a Condition of Probation

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Ryan Patrick Natividad appealed from post-judgmena t order after the trial court ordered him to pay over $75,000 in restitution. 

In The People v. Ryan Patrick Natividad, G058448, Court Of Appeal of California  (April 14, 2021) the Court of Appeal explained why probation requires payment of full restitution.

ZALMA OPINION

Although victims of insurance fraud have many available remedies – like suing the perpetrator for fraud – it takes time to get a judgment and the judgment may be difficult or impossible – bankruptcy – to collect. A restitution order gives the fraudster two choices: pay the restitution or go to jail. That is a great incentive and the fraudster will invariably find the money rather than go to jail. Therefore, every insurer that is the victim of insurance fraud, must demand restitution and provide the court with the evidence necessary to prove the amount of loss as a result of the fraud, including all investigative and legal costs incurred as well as claim payments made.