People v. Frye, 997 P.2d 1223 (Colo. Ct. App. 1999)

Cases | People v. Frye, 997 P.2d 1223 (Colo. Ct. App. 1999) | 2018

Defendant pled guilty to two counts of securities fraud and one count of conspiracy to commit securities fraud and was ordered to pay restitution exceeding $5,000,000. The restitution order required him to pay a minimum of $300 to $500 for the first six months. The plea agreement permitted defendant’s domestic and international travel in order to support his import-export business, the source of restitution payments. Defendant’s probation officer later caused defendant’s passport to be surrendered, affecting his ability to pay restitution. The trial court revoked defendant’s probation for failure to pay restitution or file required financial reports. Defendant appealed. The appellate court reversed the revocation of probation and remanded for further proceedings. There was no order directing defendant to make installment payments of restitution in any specific amount, other than for the first six months. Defendant complied with the only order of restitution entered by the court. Surrendering of his passport impacted his source of income. Further, evidence conflicted regarding defendant’s submission of financial reports.

(This case cites former Colo. Rev. Stat. §§ 16-11-204 and 16-11-204.5.)