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Name: People v. Ozkan
Case #: A103438
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 12/09/2004

A public agency is entitled to restitution for investigation costs for crimes listed under Business and Professions Code section 12015.5. The defendant in this case was convicted of grand theft by fraud and filing false and fraudulent tax returns. The trial court refused to order restitution to public agencies for various losses including investigation costs. The People appealed, and the court of appeal reversed the trial court’s order. Although Penal Code section 1202.4 does not authorize direct restitution for investigation expenses, Business and Professions Code section 12015.5 does specifically authorize such restitution orders for certain offenses. Although the two offenses to which defendant pled guilty were not included under that section, one of the listed offenses was dismissed as part of his plea agreement, subject to a Harvey waiver. Accordingly the order was proper, and moreover, the legislative history indicated that the restitution order was mandatory.