Criminal procedure
Restitution
Restitution is a court order requiring a convicted defendant to pay identified victims for their losses.
For many federal offenses, including most fraud and crimes of violence, restitution is mandatory and is imposed regardless of the defendant's ability to pay. The amount is the victim's actual loss, and the court can set a payment schedule during custody and supervision.
It is enforceable like a civil judgment and survives long after release. Disputes about loss calculation are among the most heavily litigated parts of a white-collar sentencing.
Restitution and forfeiture answer different questions. Restitution makes victims whole and is paid to them; forfeiture takes the proceeds and instruments of the crime for the government, and a defendant can be ordered to do both for the same conduct.
How it appears on a docket
AMENDED JUDGMENT ordering restitution of $1,247,900 payable jointly and severally with co-defendant, at a rate of not less than $200 per month during supervision.
Governing rule
18 U.S.C. Sec. 3663A (Mandatory Victims Restitution Act)
Related terms
- Forfeiture — Forfeiture is the government taking property connected to a crime, either as part of a criminal sentence or through a separate civil action against the property itself.
- Sentencing Hearing — A sentencing hearing is the proceeding where the judge resolves guideline disputes, hears from both sides and the defendant, and imposes the sentence.
More on criminal procedure
See this term in a real case
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