By Holmes Lybrand, CNN(CNN) — After the protracted demise of the $1.776 billion fund meant to pay perceived victims of government lawfare, prosecutors say they don’t have to give a now-pardoned January 6, 2021, defendant her restitution money back. She was sentenced to 45 days in prison and ordered to pay the restitution. Other participants in the attack who appealed their conviction have been given the Justice Department’s blessing to dismiss the restitution payments. The Appeals Court in DC is weighing the issue after a handful of January 6 rioters whose convictions were not finalized before Trump’s blanket pardons have fought to have the restitution payments returned. In August of last year, a federal judge made the first ruling that a January 6 defendant would get her restitution payments back.