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STATE OF MINNESOTA IN COURT OF APPEALS A09-2082 State of Minnesota, Plaintiff, vs. Christy Lynn Arends, Defendant. Filed August 10, 2010 Certified question answered in the affirmative Hudson, Judge Kandiyohi County District Court File No. 34-CR-09-401 Lori Swanson, Attorney General, St. Paul, Minnesota; and Boyd Beccue, Kandiyohi County Attorney, C.J. Crowell, Assistant Kandiyohi County Attorney, Willmar, Minnesota (for plaintiff) John E. Mack, Mack & Daby, New London, Minnesota (for defendant) Considered and decided by Minge, Presiding Judge; Klaphake, Judge; and Hudson, Judge. SYLLABUS A complete and valid settlement of all claims in a civil action between a defendant and a victim of economic loss that relates to the same subject matter as a criminal prosecution precludes the state from seeking restitution for the economic loss on behalf of the victim in the criminal matter.

OPINION HUDSON, Judge The state charged defendant with theft by swindle arising out of the alleged unauthorized use of a credit card issued in the name of her former employer. Defendant had recently settled a civil wrongful-termination action against the employer in which the employer asserted counterclaims arising from the alleged theft. The settlement

agreement provided that both parties agreed to release all claims arising from the defendant's employment and to take nothing in settlement of those claims. The district court certified as important or doubtful the question of whether a complete settlement of all claims in a civil action between a defendant and an alleged victim of economic loss precludes the state from seeking restitution on behalf of that victim in a related criminal case. We answer the certified question in the affirmative. FACTS The state charged defendant Christy Lynn Arends by amended complaint with six counts of theft by swindle, in violation of Minn. Stat.

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Minnesota Law