17 CFR 10.110 – Basis for issuance of restitution orders
(a) Appropriateness of restitution as a remedy. In any proceeding in which an order requiring restitution may be entered, the Administrative Law Judge shall, as part of his or her initial decision, determine whether restitution is appropriate. In deciding whether restitution is appropriate, the Administrative Law Judge, in his or her discretion, may consider the degree of complexity likely to be involved in establishing claims, the likelihood that claimants can obtain compensation through their own efforts, the ability of the respondent to pay claimants damages that his or her violations have caused, the availability of resources to administer restitution and any other matters that justice may require.
Terms Used In 17 CFR 10.110
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(b) Restitution order. If the Administrative Law Judge determines that restitution is an appropriate remedy in a proceeding, he or she shall issue an order specifying the following:
(1) All violations that form the basis for restitution;
(2) The particular persons, or class or classes of persons, who suffered damages proximately caused by each such violation;
(3) The method of calculating the amount of damages to be paid as restitution; and
(4) If then determinable, the amount of restitution the respondent shall be required to pay.