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Name: People v. Hume
Case #: A128757
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 06/21/2011

Reimbursement of victims from the California State Bar Client Security Fund does not reduce the attorney-defendant’s direct victim restitution order. The purpose of the Fund is to relieve or mitigate losses caused by dishonest conduct by Bar members. The statutory basis allows for subrogation of the victim’s claim against the person who caused the loss. The Fund does not insure losses, and the payments are not from the individual defendant within the meaning of Penal Code section 1202.4, subdivision (a)(1), but solely within the discretion of the fund. An offset would not serve any rehabilitative or deterrent purpose.