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Name: Q-Soft, Inc. v. Sup. Ct. Orange County
Case #: G037275
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 11/29/2007

When a defendant is charged under Penal Code section 186.11, crime victims are entitled to restitution for losses from assets under defendant’s control with no requirement that the asset is traceable to or the actual product of any criminal activity, subject to the legitimately acquired interests of an innocent third party, including spouses. Wife embezzled from Q-Soft, Inc. and the victim sought restitution from her community property interests. Having the burden of proof, to protect their interests in the community property, the innocent spouses are required to establish that they were, in fact, innocent spouses, i.e., not involved in the commission of criminal activity, and that they legitimately acquired the community interests.