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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I have a question regarding Federal Restitution and

Customer Question

I have a question regarding Federal Restitution and Restitution Statutes.
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Not yet
JA: Please give me a bit more information, so we can help you best.
Customer: My question has to do with Title 18, Section 3664(j)(2)(b) of the restitution statute. When in is consideration given to the victim in a civil court settlement considered as compensation paid the victim in the Federal Court ?
JA: Is there anything else important you think the Lawyer should know?
Customer: I had a civil lawsuit against the victim of my criminal complaint, and they counter sued me in civil court for the same actions of my criminal complaint. We settled with with a joint dismissal of all claims and counterclaims with prejudice. Does my consideration given to the victim to settle the civil claim, prevent double recovery by the victim, under 3664(j)(2)(b) ?
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Submitted: 11 months ago.
Category: Legal
Expert:  Sam replied 11 months ago.

Hello

This is Samuel and I will​ discuss this and provide you information in this regard

​3664(j)(2)(b) states that if there is an insurance payout the restitution would be reduced by the amount of the insurance payout. So say you were ordered to pay $1000 restitution and the insurance paid the $1000 restitution, then you would not still be responsible to the victim but the insurance company could file a claim to recoup it's pay out. If the insurance company only paid $500 of the ordered restitution, then you would still owe the victim $500 and the insurance company can still sue you for the restitution it has paid out. Either way the restitution is still your responsibility.Title 18 section