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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118188
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I have been sentenced of recent. From a Federal Criminal case

Customer Question

I have been sentenced of recent. From a Federal Criminal case and ordered to pay restitution. I am set to go to report for prison. In the meantime I recieved from the U.S. Department of Justice / Notice of Intent to Offset for $100k. They also looked into my credit history. The notice stipulates some options to pay in full, repayment plan, or prove payment has been made. I also know that this may be routine and that they can start collecting payments while I am in Prison or can they? I was told by many that I should'nt have to pay until I am on supervised released after I serve my term of incaceration.
What can I expect while I am incarcerated.
My Judgement says they waived the interest of the restitution.
It does stipulate that payment is immediate in the Judgement from Court and also the letter from US DEPT of Justice. The Judgement for the monetary amount is joint and several.
I don't have the total amount to pay. Will they charge me interest or service fees as stated in the Notice of Intent to Offset ?
Should I go into a payment plan with US Dept of Justice? I have not worked in years.
Little money in the bank. Will they take that money from the accounts?
My home is in a trust in other member families name? Will they attempt to take out a lien on the other family member who is trustee of the home?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, they can begin to collect on the offset notice right away even though you will be incarcerated. The offset notice means they will seek to take any funds in your name, not those in a trust, and any income tax refunds. According to you they stated they would waive interest, meaning you would not have to pay interest on the restitution. When you come out of jail, you will have to begin repaying the restitution that they were not able to collect through the offset.

If the property and accounts are in the name of a trust and it is an irrevocable trust, then they cannot go after the trustee or other members of the trust personally. They also cannot go after the trust itself and as long as the property remains in the trust it is safe. They can only go after trust funds WHEN THEY COME OUT OF TRUST TO YOU, such as if you receive any payments from the trust.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 4 years ago.

I asked more questions that are unanswered. I was expecting more input as well.

Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your feedback. Your questions I saw were answered and you could have asked follow up questions as you were encouraged to do. However, I have no way of knowing what more or what else customers want unless they actually tell me and as you did not actually tell me it is a bit disingenuous of you to complain about the service.

Actually, while I did not break down each answer to a separate line, if you actually read my answer you would see that each of your questions were actually covered in my response to you. However anything you would like clarification on, if you would please have the courtesy to use the reply button on I am more than happy to spend as much time as needed answering you to get you the information you are seeking.

So please let me know specifically what more you would like and I am happy to go back and forth with you to get you everything explained to your liking.
Customer: replied 4 years ago.

This won't work unless we have telephone contact.

Expert:  Law Educator, Esq. replied 4 years ago.
I do apologize, but our site rules, which were explained to customers before they ask questions, specify this is the only way we can communicate. Thus, I am sorry but I am forbidden from communicating with you in any manner other than this forum and if you would have patience and just communicate as tens of thousands of my other customers have done, I am sure we can work through this and answer every one of your questions you need answered.
Customer: replied 4 years ago.

What choices do I have to resolve my siuation while I am incarcerated?

Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your reply.

While you are incarcerated, you can appeal the amount of the restitution or ask the court to waive the restitution and you do so by filing a motion for post conviction relief. Unfortunately, that really is your limitation on fighting this or resolving the matter other than paying the restitution. While you are incarcerated, if you have no property and nothing in bank accounts in your name, there is little they are going to get from you to satisfy the restitution, so this will remain outstanding for you to pay.

The debt has a 20 year statute of limitations upon your release so it can hang over your head for quite some time, which is why so many inmates spend time filing motions to get these penalties reduced. Also, the IRS can reduce the restitution to a tax lien and place it only property, but it would only go on property in your name and not on trust property or property in your spouse's name.

The botXXXXX XXXXXne I am afraid is that this is not meant to be pleasant by the government and if it was so easy to get out of then the punishment would be meaningless I am afraid. Fortunately, you had some foresight to protect everything with a trust ahead of time, which was the best thing you could do to protect your assets and if you have really nothing in your name all they will try to do is continue to collect from you for the 20 years upon completion of your sentence and then if they cannot get to the assets because you have nothing in your name, then it would be expired by the statute of limitations on collection of federal restitution orders.