Criminal Restitution

In federal court, a convicted offender may be ordered to reimburse victims for financial losses incurred due to the offender's crime. This reimbursement is called "restitution," and it may be ordered for lost income, property damage, counseling, medical expenses, funeral costs or other financial costs directly related to the crime. Some financial losses are not eligible for restitution, such as state or federal taxes, interest, penalties or fines; expenses for private legal representation relating to personal or business legal issues raised by the crime; fees for tax advisors, accountants, or other professionals; and legal expenses for the civil recovery of financial losses. Losses for "pain & suffering" are also not eligible for restitution.

To determine the amount of restitution to be ordered, the U.S. Probation Office gathers financial loss information from the investigative agent(s), the AUSA/Trial Attorney and victims prior to sentencing. Often this information is obtained by having the victims complete a "Victim Impact Statement."

The Court's restitution order acts as a lien in favor of the United States against all property owned by the defendant. The Criminal Division will cause judgment lien notices to be recorded in all counties where we are aware the defendant owns or may own property. The United States is allowed to enforce restitution orders on behalf of the restitution victims.