State v. Sweat

561 N.W.2d 695, 208 Wis. 2d 409, 1997 Wisc. LEXIS 36
CourtWisconsin Supreme Court
DecidedApril 18, 1997
Docket95-1975-CR
StatusPublished
Cited by58 cases

This text of 561 N.W.2d 695 (State v. Sweat) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Sweat, 561 N.W.2d 695, 208 Wis. 2d 409, 1997 Wisc. LEXIS 36 (Wis. 1997).

Opinions

DONALD W. STEINMETZ, J.

¶1. The . issue presented in this case is whether in restitution pro[412]*412ceedings, Wis. Stat. § 973.20(l4)(b)1 allows a defendant to assert a civil rather than criminal statute of limitations, and its related civil tolling and discovery rules, to bar individual crime victims' claims for restitution. The Wood County Circuit Court, the Honorable John V. Finn, presiding, answered "no" and denied the defendant's claim that the civil statute of limitations and its related tolling principles applied to limit restitution. The court ordered the defendant, Robert W. Sweat, to pay a total of $364,597.23 in restitution to some 23 victims of his criminal racketeering scheme. Reversing the circuit court's order of restitution, the court of appeals found that the civil statute of limitations applies to restitution proceedings. State v. Sweat, 202 Wis. 2d 366, 550 N.W.2d 709 (Ct. App. 1996).

¶ 2. Based on our reading of Wis. Stat. § 973.20(14)(b) in conjunction with the rest of § 973.20, and considering the purposes of the restitution statute, we hold that the same statute of limitations that applies in the underlying criminal proceedings, Wis. Stat. § 939.74,2 including its tolling provisions, also applies in the related restitution proceedings. We therefore reverse the court of appeals' decision.

¶ 3. The defendant, Sweat, was charged with one count of racketeering, Wis. Stat. § 946.83(3), based on [413]*413four or more acts of securities fraud in violation of Wis. Stat. § 551.41(2)3 which were charged as separate counts of the complaint. The defendant entered a negotiated no-contest plea to a single count information charging him with racketeering.

¶ 4. By his plea, the defendant admitted that, between August 6, 1986, and December 6, 1988, as president of Sweat Insurance, Inc., he intentionally and feloniously, in connection with the offer, sale or purchase of securities, participated in the corporate enterprise through a pattern of racketeering by committing acts of securities fraud in violation of Wis. Stat. § 551.41(2) on at least three occasions. In each instance, the defendant failed to inform named investors of material facts that: (1) he had been convicted of theft by fraud in 1983 for conversion of insurance premiums; (2) his intermediary-agent's license had been suspended for 340 days as a result of that conviction; and (3) he had declared bankruptcy in 1983 and had all debts discharged.

¶ 5. The defendant urges this court to affirm the court of appeals' decision. He argues that Wis. Stat. § 973.20 is unambiguous on its face, and should therefore be interpreted based on the plain meaning of its terms. Sweat asserts that "any defense available in a civil action" means just that — any defense. Even when considering the statute in its entirety, Sweat argues that it is unambiguous because statutes of limitation are substantive defenses and therefore cannot be waived for purposes of restitution proceedings. Finally, [414]*414Sweat argues that the court of appeals' interpretation of Wis. Stat. § 973.20(14)(b) is not inconsistent with other provisions of § 973.20. We disagree with the defendant on all facets of his argument.4

¶ 6. Resolution of the issue presented in this case requires the interpretation of at least two related statutes, Wis. Stat. § 939.74(3), providing the statute of limitations in criminal prosecutions, and Wis. Stat. § 973.20,5 the restitution statute. The interpretation of a statute is a question of law which this court reviews [415]*415independently, without deference to the lower courts. State v. Sher, 149 Wis. 2d 1, 8, 437 N.W.2d 878 (1989). This court uses a two-step process for interpreting statutes:

The ultimate goal of statutory interpretation is to ascertain the intent of the legislature. The first step of this process is to look at the language of the statute. If the plain meaning of the statute is clear, a court need not look to rules of statutory construction or other extrinsic aids. Instead, a court should simply apply the clear meaning of the statute to the facts before it. If, however, the statute is ambiguous, this court must look beyond the statute's language and examine the scope, history, context, subject matter, and purpose of the statute.

UFE Inc. v. LIRC, 201 Wis. 2d 274, 281-82, 548 N.W.2d 57 (1996). (Citations omitted.)

¶ 7. According to this court in UFE Inc., the first step is to determine whether a statute is ambiguous. [416]*416"[A] statutory provision is ambiguous if reasonable minds could differ as to its meaning." UFE Inc., 201 Wis. 2d at 283, quoting Harnischfeger Corp. v. LIRC, 196 Wis. 2d 650, 662, 539 N.W.2d 98 (1995). Ambiguity can be found in the words of the statutory provision itself, or by the words of the provision as they interact with and relate to other provisions in the statute and to other statutes. In re Custody of D.M.M., 137 Wis. 2d 375, 386, 404 N.W.2d 530 (1987).

¶ 8. When construing a statutory provision, the entire section and related sections of the statute should be considered. Id. See also, White Hen Pantry v. Buttke, 98 Wis. 2d 119, 122, 295 N.W.2d 763 (Ct. App. 1980), rev'd on other grounds, citing Omernik v. State, 64 Wis. 2d 6, 12, 218 N.W.2d 734 (1974). In determining the meaning of a single word or a single phrase in a statute, it is necessary to view it in light of the entire statute. Buttke, 98 Wis. 2d at 122 (citation omitted).

¶ 9. Seizing on one sentence, indeed one word, of Wis. Stat. § 973.20(14)(b), in isolation, the court of appeals literally drew the successive conclusions that civil statutes of limitation apply in restitution proceedings and that civil tolling statutes and judge-made civil discovery rules must be applied to the disposition of restitution claims. The word is "any" in Wis.

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Bluebook (online)
561 N.W.2d 695, 208 Wis. 2d 409, 1997 Wisc. LEXIS 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sweat-wis-1997.