The restitution order affects Jennifer A. Alpert, Christopher L. Alpert, Leslie B. Barnes, Lawrence S. Smith, Michael A. Buky, and Jason W. Residence, all defendants in a criminal case that originated in 2003. The six defendants were ordered to pay varying amounts ranging from $209,647.74 to $1.7 million, with all payments made joint and several with Carl Alpert, who is deceased.
The court granted the government's motion in part under Federal Rule of Criminal Procedure 36, which allows correction of clerical errors. Smith received the largest restitution obligation at $1,705,611.51, while Christopher L. Alpert received the smallest at $209,647.74. The court ordered that victims be paid on a pro-rata basis according to their respective loss amounts listed in attachments to the order.
The case has been pending since 2003, indicating a lengthy legal proceeding spanning over two decades. The government filed a motion seeking amended restitution judgments for the defendants, prompting the court's corrective order.
The corrected restitution amounts will be distributed to victims through the Clerk of Court, with payments withheld until each victim's share reaches at least $25. The case demonstrates the ongoing financial consequences defendants face even years after criminal proceedings conclude, particularly in complex fraud cases involving multiple victims.