What Does the George Santos Clemency Case Mean for Victims and Restitution in Nebraska?

When former Congressman George Santos was released from prison just three months into a seven-year sentence — and more than $370,000 in court-ordered restitution and fines were canceled — the legal world took notice. President Trump’s clemency didn’t just shorten a sentence; it erased the financial accountability owed to victims. That raised important questions: Can clemency cancel restitution? What happens to victims left unpaid? And how do Nebraska laws ensure fairness and accountability when restitution is at stake?

Understanding Clemency — and What Happened in the Santos Case

Clemency is a constitutional power allowing a president (or governor) to reduce or eliminate penalties for a convicted individual. In Santos’s case, clemency came in the form of a commutation, which:

• Released him from prison immediately

• Canceled all fines, restitution, and supervised release

This is unusual. While commutations often reduce prison time, they rarely eliminate restitution — a remedy meant to compensate victims for their losses. When restitution disappears, victims lose more than money; they lose the legal recognition that harm was done and should be made right.

Restitution Law in Nebraska

Statutory Authority

Nebraska law takes a very different approach. Under Neb. Rev. Stat. § 29-2280, courts may order a defendant to pay restitution for actual damages sustained by the victim as a direct result of the crime. Restitution is considered part of the criminal sentence and must reflect measurable, provable losses.

In State v. Street and State v. McCulley, the Nebraska Supreme Court confirmed that restitution must be based on evidence of actual damages and consider the defendant’s ability to pay. The goal is to ensure restitution is both fair and enforceable.

Civil Recovery Still Available

Nebraska also protects victims who want to pursue additional recovery. Neb. Rev. Stat. § 29-2287 explicitly states that restitution in a criminal case does not preclude a separate civil lawsuit. Victims can still seek full compensation for their losses, even if restitution was ordered or remains unpaid.

If restitution isn’t satisfied, victims may also convert unpaid amounts into a civil judgment, which can then be enforced through liens, garnishment, or other collection tools. This dual protection ensures victims aren’t left without options.

Clemency Powers in Nebraska: What’s Different?

Unlike the federal system, Nebraska’s clemency power rests with the Board of Pardons, composed of the Governor, Secretary of State, and Attorney General. The Board can remit fines and forfeitures, but — critically — there is no statutory authority to cancel restitution once it’s been ordered by a court.

That means even if Nebraska’s governor issues clemency or a pardon, restitution remains enforceable. Victims’ rights are not overridden by executive action. This distinction underscores how Nebraska law prioritizes both accountability and victim recovery over political discretion.

Civil Recovery After Criminal Restitution

Victims who are still owed money after a criminal case closes can pursue civil remedies. These may include filing a lawsuit for damages, requesting a civil judgment, or collecting through garnishment. Because restitution orders in Nebraska function as enforceable judgments, they follow similar civil enforcement mechanisms.

This process also supports long-term recovery. A restitution order can remain collectible for years — ensuring that victims have continued opportunities for repayment, even after incarceration ends.

Why the Santos Case Matters for Nebraskans

The Santos case sparked national debate over fairness, accountability, and the limits of political clemency. But for Nebraskans, the takeaway is reassuring: our state’s laws protect victims even when criminal penalties change.

Whether you’re a victim of fraud, theft, or financial exploitation, Nebraska law gives you tools to recover losses — through restitution, civil litigation, or both. And if you’re facing restitution obligations, it’s important to understand that those obligations are real, enforceable, and not easily erased.

Frequently Asked Questions (FAQ)

What is restitution in Nebraska?

Restitution is a court-ordered payment from a convicted person to the victim, covering actual, proven losses caused by the crime. It’s part of the criminal sentence and helps restore victims financially.

Can Nebraska’s governor cancel restitution like in the Santos case?

No. Nebraska’s Board of Pardons can reduce fines or penalties but cannot cancel restitution once it’s ordered. Victims still have the right to collect.

Can I still sue the offender in civil court if restitution was ordered?

Yes. Under § 29-2287, restitution does not prevent you from pursuing a civil case. You may recover additional damages through the civil system.

What if restitution isn’t paid?

Unpaid restitution can be converted into a civil judgment, allowing victims to enforce payment through liens, wage garnishment, or other collection actions.

What should I do if I’m owed restitution or facing restitution obligations?

If you’re owed restitution, document your losses and speak with an attorney about enforcement or civil recovery. If you’re a defendant, work with counsel to understand payment expectations and how restitution affects your broader financial and legal obligations.