A former U.S. Marine, Hector Vargas Santos, who was convicted for his role in the January 6 Capitol riot, will not get back the money he paid in fines and restitution—even though he was later pardoned by President Donald Trump.
On Friday, U.S. District Judge Randolph Moss issued a nine-page ruling rejecting Santos’ request for a refund. The judge explained that a presidential pardon does not erase a conviction or make previous court-ordered penalties invalid.
Why Santos Wanted a Refund
Santos, 29, from Jersey City, New Jersey, was convicted in 2023 of four misdemeanors for breaking into the U.S. Capitol. He was among the first to enter the restricted area and helped cause damage that cost over $2.8 million to repair.
He was ordered to pay $70 in special assessments, $500 in restitution to the Architect of the Capitol, and a $2,500 fine. Before receiving his pardon in January, Santos had already paid $2,026.19 of these costs. After being pardoned, he asked for a refund, but the court’s finance office said no.
Judge Explains Why the Refund Was Denied
Judge Moss referred to a historic U.S. Supreme Court decision from 1877 called Knote v. United States. That ruling stated that a pardon is an “act of grace” and does not give someone the right to reclaim money already paid due to a conviction.
The judge emphasized that the payments were made while Santos’ conviction was still active, meaning the funds were legally collected and are not refundable.
Trump Administration and DOJ Supported the Refund
Interestingly, both the Justice Department and the Trump administration supported Santos’ refund request. They based their support on a 2017 Supreme Court case called Nelson v. Colorado, which ruled that people whose convictions are overturned are entitled to refunds.
However, Judge Moss pointed out that Santos’ situation is different. In Nelson, the convictions were officially thrown out, not pardoned. That case didn’t involve a presidential pardon, which means the refund rules don’t apply the same way.
Final Word from the Court
The judge made it clear: once the government has collected fines and deposited them into the U.S. Treasury, those payments stay there unless Congress passes a law allowing them to be returned. A pardon does not automatically cancel out the financial penalties that were legally enforced.
In short, even if someone is pardoned, they are not guaranteed a refund for any fines or restitution they already paid. This case highlights the legal difference between having a conviction overturned and being pardoned.
For Hector Vargas Santos, the court has ruled that his payments were made while his conviction was valid, so he’s not getting his money back. This ruling could affect how future pardoned individuals view their legal and financial status.
