My question has to do with federal restitution in a criminal case. My case was in 1998 (post-MVRA), and the amount of restitution is large. I am paying an agreed-upon monthly sum to the US. District Court and will continue to do so. My question is a two-parter: 1. The statute of limitations under Title 18 USC Section 3613(b) is confusing - is it the longer of 20 years or my death? And assuming I live longer than 20 years and that is the limit, I have heard that a simple "renewal" of the judgment can occur, thereby lengthening my exposure. Can this be true? 2. I read where one's account in an employer-sponsored retirement plan is beyond the reach of the court in ordering restitution - as opposed to an IRA, which supposedly is subject to the restitution order. Can you verify if this is true? Thanks.
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I am sorry to hear about this unfortunate situation.
I am afraid I do not have good news for you.
A court ordered criminal restitution would generally be easily renewed by the federal government and also if you fail to make a monthly payment, a retirement account would be subject to garnishment, due to the nature of the judgment.
So basically, the criminal restitution would exist, until either it is paid off in full or the person who is subject to criminal restitution passes away and the the estate would be subject to any remaining unpaid amount.
Does this make sense?
So, you're saying that the 20 year limit truly is a lifetime limit, under 3613(b). If the government fails to get the order renewed in a couple of years, can they pursue it, say, after a 1 year lapse?
I am disbarred - CPA, JD - only tax work
The would automatically renew it and also since the criminal restitution was ordered by federal criminal court, if you fail to make payments, even once the judgment expires, you would be likely held in contempt of court and can face various civil and criminal sanctions.
But unfortunately, the total amount of criminal restitution cannot even be reduced by the way of a settlement. The law does not allow it.
Ok - thx. I know this has been a source of focus recently by the USA's
If you are unable to make a monthly repayment amount, then you would have to ask the court to reduce monthly payment amount due to undue hardship.
I understand. Thx.
US Attorney's Office have been aggressively pursuing any defendants that have failed to make the payments.
Do you have any related follow up questions?
Been 12 years already; no problems. Have you heard that the renewals are indeed automatic? The weird part is that it's not on my credit report.
In most cases they are done by the USA offices.
Ok thanks for your time.
no - thx
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