A federal judge has ruled that an animal rights activist convicted of setting fire to a McDonald's restaurant in 1997 cannot get out from under a $240,000 restitution order by filing for bankruptcy.

In his opinion published Monday, U.S. District Judge Bruce Jenkins ruled that Jason Derek Troff's restitution is not considered just any debt but punishment for a criminal act.

"Some obligations are forgivable. Federal forgiveness is simply unavailable, nor is it appropriate in this instance, for a state-imposed penal action," Jenkins wrote.

Troff and two other men were convicted in 1997 for setting fire to a McDonald's in West Jordan as part of a protest against the eating of meat. Police also found "One billion served, one billion killed," scrawled on one of the restaurant walls.

As part of sentencing, a state judge ordered Troff and the two others to pay $240,000 in restitution. While on probation, Troff made payments of $7,949 and continued to make monthly payments of $100 to $200 a month until March 2003. After Troff completed his probation, the state rolled the restitution judgment over into a civil judgment, and in February 2003 Troff filed for Chapter 7 bankruptcy, asking the court for relief from his restitution obligation. He was granted that request, but the state of Utah continued to try to collect.

In February 2004, Troff asked the bankruptcy court to clarify that his restitution was discharged and asked the court to find the state in contempt for trying to collect.

Troff's attorney, Michael Thomson, said his client has argued that under federal definitions excluding fines and penalties from being forgiven, the restitution does not fall under that definition because it was turned into a civil judgment.

U.S. Bankruptcy Judge Glen Clark agreed in part. In an order filed last March, Clark ruled that restitution must go to benefit the government. In this case, Clark pointed out that the restitution was being collected by the state on behalf of McDonald's and therefore could be forgiven.

However, Monday's ruling overturns that decision. Jenkins said U.S. Supreme Court rulings make it clear that restitution is part of criminal punishment. Also, in 1990 Congress passed the Criminal Victims Protection Act, which excludes "restitution included in a sentence on the debtor's conviction of a crime," from some bankruptcy proceedings.

Jenkins wrote Clark's ruling offered no explanation how bankruptcy court can "simply ignore" a state court's criminal sentence.

Thomson said at this time, his client is still considering whether to appeal.

---

E-mail: gfattah@desnews.com