Court hears restitution split in Dane Cook case

WOBURN, Mass. (AP) - December 11, 2010

The rings are not worth much money but have sentimental value to Erika McCauley, lawyer Scott Matson said. Judge Mary-Lou Rup did not immediately rule.

McCauley and her husband, Darryl McCauley - Cook's half brother - have been ordered to pay Cook $12 million in restitution.

The Wilmington couple, who also had a home in York, Maine, were accused of embezzling millions from Cook while Darryl McCauley was the entertainer's business manager.

Darryl McCauley is serving a 5- to 6-year prison term. His wife is serving 2¼ to 3 years.

Rup on Friday set Erika McCauley's restitution amount at $10.9 million. She and her husband are jointly responsible for paying that amount. Her husband is also responsible for paying the remaining $1.1 million in the total $12 million restitution order.

Assistant Attorney General Eileen O'Brien said prosecutors had agreed during plea negotiations to return one ring to Erika McCauley, not two. Prosecutors are not willing to accept McCauley's claim that the rings are of minimal financial value without getting the items appraised, she said.

Matson agreed to file an affidavit describing the rings McCauley wants returned and their value.

The court is in the process of tallying the couple's assets, including cash that was seized from their homes during searches, as well as furniture, jewelry, art and two cars.

Cook's lawyer, Peter Krupp, declined to comment.

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