Innocent witness rent7/22/2023 ![]() It may be helpful to know that threats or retaliation against a victim or potential witness are very rare. An order of restitution is enforceable for twenty years, from the time a criminal judgment requiring restitution is filed (plus the time incarcerated). However, the federal government will work earnestly to ensure that any assets owned by a sentenced defendant, can be considered for payment of court-ordered restitution. Unfortunately, as a practical matter, a convicted defendant who has no money or limited potential to make money may be unlikely to ever make meaningful restitution, particularly in fraud cases with many victims. In many types of federal crimes, it is mandatory for a convicted defendant to pay restitution. Restitution is an order by the sentencing judge, ordering a convicted defendant to pay identified victims for certain losses as a result of the crime. Many victims want to know if they will get their money back, through restitution. Another remedy may be with the Small Claims Court for the county in which the crime occurred. Contact your state or local Bar Association for the names of attorneys who specialize in this area of law to determine if your case is appropriate for civil action. Because tax laws are complicated, consult a qualified tax advisor or the Internal Revenue Service to see if your losses qualify.įinally, if you believe the fraud perpetrator has assets, you may be able to recover losses through a civil lawsuit. In addition, some losses may be tax deductible. If you believe you may be entitled to restitution, discuss this with the Investigative Agent or Assistant United States Attorney assigned to the case immediately. You may be asked to provide verification of your loss amount. If an arrest is made and a conviction is obtained, the judge will consider requiring the offender to pay you for certain losses (called restitution). This includes information about providing a victim impact statement, requesting restitution and information about a defendant's release from prison.Ĭollect and save all paperwork that directly relates to your loss. Once a case is indicted, you have the right to information about the continuing status of a case. Some rights may only be available if a case is accepted for prosecution. Attorney’s Office has a Victim Witness Program to serve as your liaison throughout the process, to answer questions about the status of a case, and to assist with victim concerns. If a case is accepted for prosecution federally, each U.S. Information on the procedure to request that any property held as evidence is returned after a defendant's case is closed.Information on resources, compensation and possible restitution.Notification of the arrest of an accused suspect or notice if prosecution is declined.Information on the status of the investigation, to the extent that it is appropriate and does not interfere with the investigation.Your rights during an investigation include: If you remember anything additional, or learn of additional information about the crime, contact the case agent. During the investigation process, the case agent/Coordinator will remain your principle contact. Investigations may involve hundreds of victims in one case. In regards to the criminal justice process, all defendants are presumed innocent until proven guilty in a criminal court. The investigation of a possible financial crime is complex and may involve several law enforcement agencies. It Is Very Important to Report Any Address Changes During an Investigation and/or Prosecution.Įven though the months ahead may be difficult for you and your family, your assistance is important to ensure that justice is fully achieved. If you ask to be kept informed about the status the case, you may either receive periodic updates, or you may contact the case agent or agency's Victim/Witness Coordinator (Coordinator) on an ongoing basis. This page is designed to provide general information to answer common concerns.įederal crime victims have a number of rights during their participation in the criminal justice system. As a victim or witness, you probably have questions about how a case will be investigated, what services and information will be available to you, and how you can begin to cope with your financial losses. ![]() ![]() Federal law enforcement professionals are concerned about victims and witnesses of financial crimes.
0 Comments
Leave a Reply. |