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Prosecutor's Guide to Criminal Fines and Restitution

NCJ Number
166557
Author(s)
N L Rider
Date Published
1992
Length
64 pages
Annotation
This guide is designed to inform and assist Federal prosecutors in enforcing fines imposed and restitution ordered in criminal cases.
Abstract
The guide opens with a checklist for prosecutors to use in developing and using information that will assist in deciding what fines and restitution to seek in a criminal case. The main sections of the checklist pertain to the financial condition of the defendant, conditions of restitution, plea agreements, and sentencing. The checklist is followed by a discussion of the prosecutor's role in obtaining financial information and identifying defendant's assets. A separate section focuses on the presentence investigation report as a source of financial information. A section on restitution discusses application, amount, recipients of restitution, issuance of the order, payment, collection, and collateral estoppel. The contents of plea agreements with reference to fines and restitution are then addressed, followed by a section that deals with issues related to criminal fines. The remaining sections of the guide provide prosecutors with information pertinent to fines and restitution in the sentencing hearing, sentencing, post-judgment collection remedies, and fine collection. Appended relevant Federal rules of criminal procedure and notices of liens for a fine or penalty imposed pursuant to the Sentencing Reform Act and the Criminal Fine Enforcement Act