A pardoned Capitol riot defendant wants her restitution money back. The Justice Department wants to keep it

Pardoned Capitol Riot Defendant Seeks Restitution Refund

Healfromzero.com – Felicia Konold, a pardoned Capitol riot defendant from Arizona, is fighting to get back $2,000 in restitution payments she made after the January 6, 2021, attack. The Justice Department argues that because Konold never appealed her conviction, she doesn’t qualify for a refund even though she received a presidential pardon. This case highlights a growing legal question about who can reclaim money from the Capitol riot restitution fund.

Konold pleaded guilty to obstructing law enforcement during the historic breach of the Capitol building. She was part of a group of Proud Boys who marched toward the Capitol that day and helped break through police barricades. Her sentence included 45 days in prison plus the restitution payment meant to help repair damage to the Capitol building.

Understanding the Legal Barrier

Prosecutors have taken a strict view on who can get their restitution money back. Court filings from Thursday state that Konold “cannot obtain the return of these funds because her conviction was final at the time of the pardon and has not been vacated.” Under this interpretation, only defendants whose convictions were still being appealed when President Trump issued his pardons can potentially get refunds.

This distinction is crucial. When a conviction becomes final—meaning all appeals are complete—the defendant’s legal status is considered settled. A pardon removes the consequences of a conviction but doesn’t erase the conviction itself. For defendants whose appeals were still active when pardoned, the situation is different: the pardon allows them to avoid paying restitution entirely.

The Broader Restitution Fund Debate

Konold’s case sits within a larger financial controversy. The Justice Department announced plans to create a fund approaching $1.8 billion as part of a settlement between the IRS and former President Donald Trump over his leaked 2020 tax documents. This money was designated for people who claimed to be victims of “weaponized prosecutions” under the previous administration.

The fund drew criticism from lawmakers on both sides of the aisle. Many worried that Capitol riot participants could receive money from the fund. Acting Attorney General Todd Blanche initially said the fund would be eliminated, but later agreed to a sworn declaration confirming its termination after pressure from Republican senators.

Blanche has since recommended that those who believe they were wronged by the Justice Department pursue civil lawsuits instead—a path that has helped several of Trump’s allies recover money in recent months.

Other Defendants Join the Fight

Konold is not the only pardoned Capitol riot defendant seeking restitution refunds. Several January 6 participants have filed requests to recover funds they paid as part of their sentencing agreements. The DC Appeals Court is currently reviewing the case for a group of rioters whose convictions were not yet finalized before Trump’s pardons.

In August of last year, Federal Judge John D. Bates issued the first ruling favoring a January 6 defendant seeking restitution back. His decision clarified that he was not declaring the defendant, Yvonne St Cyr, innocent of her crimes. “Sometimes a judge is called upon to do what the law requires, even if it may seem at odds with what justice or one’s initial instincts might warrant,” Bates wrote.

What This Means for Other Defendants

The outcome of these cases could affect many defendants who received pardons but paid restitution. The DC Appeals Court’s eventual ruling will likely set precedent for how similar cases are handled. Meanwhile, the Justice Department’s position—that only those with pending appeals at the time of pardon qualify—suggests that many defendants, including Konold, may struggle to recover their money.

CNN has attempted to contact Konold for additional comment regarding her case and her efforts to reclaim the restitution funds.

Frequently Asked Questions

Q: Who is Felicia Konold? A: Felicia Konold is an Arizona woman who participated in the January 6, 2021, Capitol attack as part of a group of Proud Boys. She was convicted of obstructing law enforcement and received a presidential pardon.

Q: How much restitution money is Konold trying to get back? A: Konold is seeking to reclaim $2,000 in restitution payments she made as part of her sentence for the Capitol riot.

Q: Why can’t Konold get her money back? A: The Justice Department argues that Konold cannot get her money back because her conviction was final at the time of her pardon and has not been vacated. Only defendants whose convictions were still being appealed when pardoned qualify for refunds.

Q: Has any other January 6 defendant successfully gotten restitution back? A: Yes. In August of last year, Federal Judge John D. Bates issued a ruling in favor of Yvonne St Cyr, a January 6 defendant seeking restitution back.

Q: What happens next in these cases? A: The DC Appeals Court is currently considering the matter for a group of rioters whose convictions were not yet finalized before Trump’s pardons. Their eventual ruling will likely establish precedent for how similar cases are handled.