A former Department of Health and Human Services official convicted of improperly taking $33,540 from a private foundation won a stay Tuesday of an order that he make restitution of more than $12,000.

U.S. District Judge Gerhard A. Gesell issued the stay while former Utahn C. McClain Haddow appeals the judge's order that he make restitution and pay a $15,000 fine.Gesell partially stayed the fine, saying Haddow could make monthly payments into an escrow account while the matter is reviewed by the U.S. Circuit Court of Appeals in Washington.

Haddow, a former Utah legislator and chief of staff to former HHS Secretary Margaret Heckler, pleaded guilty last year to two conflict-of-interest violations for improperly arranging to receive $33,540 from a private foundation and $21,790 in proceeds for government contracts to write speeches for Heckler.

He served a 90-day prison term and is now appealing the fine as well as Gesell's order that he pay the foundation $8,500 and the government $3,540 as partial restitution.