Restitution Help...

[Erudition]

What is the name of your state (only U.S. law)?

A few years ago, there was a woman convicted of embezzelment from our office. It was a federal case, the US court came in and audited our books and charged her. We have received next to nothing for restitution.

We're in one state, she went to prison in another, and got released in a third. She's currently living in KS, and on "parole". Her parole officer states that she can't repay this money because she's now only making a limited amount of income due to her poor health (which is bull, she used that excuse when she worked here, everything from cancer to AIDS). He says that she has to live with a relative and work at a pizza joint and he just won't make her pay anything back.

Over the two years she was in jail, she paid approx $125 of $200K+.

I would like to know if there is anything we can do. Can we garnish her wages? can we levy her bank account? It's not like we have a judgement against her right? We weren't the ones that took her to court, the DA did everything for us. When we do get checks, they are paid from the United States Treasury.

I know there is a SOL, based on the date she was released but I'm not sure what it is, is it 10 years from the date she got out of the half way house or the date she got out of the mental prison and went to the half way house?

Sorry for the long post - but this really makes me angry that someone can steal this kind of money and then just say "oh, well I'm not healthy enough to pay any money back, so oh well" and just stick it to the hard working people out there.

 

[Tayla]

The state in which the business has been formed may help in others responding.

I stand corrected in this edit- A Parole officer (in certain states) can record and collect payments if such was ordered thru the releasing authority. Had such been ordered that you are aware of?

Usually a judgment would need to transpire to proceed with garnishments....

 

[latigo]

Usually a judgment would need to transpire to proceed with garnishments....

“Careful writers should note that in the case where occur or happen would do just as well, the use of transpire may strike readers as an affectation or a jargon.” – The Oxford American College Dictionary (Comment on the usage of the verb transpire - page 1483)

With all due respect, its use here and the use of “usually” - as suggesting that it is not unusual for a garnishment to proceed without an underlying judgment - leaves me stricken with the sense that the writer may have inadvertently wandered into the wrong forum.

 

[Erudition]

The name of the state I reside was intentionally left blank to protect my place of employment.

Here is a direct quote from the plea agreement:
10. Restitution. Defendant agrees to make restutuion to the vicim of her crime, * , in the approximate amount of $209,383.67. A plan of restitution shall be formulated with the United States Probation Office and shall be approved by the Court.

* to protect the privacy of my place of employment, I did remove their name from the above referenced quote.

As you can see, this case was held in US District court. I guess I can't understand why the parole officer would be so difficult to work with. He out right refused to have her pay $5 per pay period. I didn't think that was too much to ask.

Shouldn't I have the right to garnish her wages or levy her assets/accounts being that she was ordered to pay us restitution? She signed the plea agreement! There are SOL, she was released from prison over a year ago, our time has already started ticking away.

 

[Tayla]

“Careful writers should note that in the case where occur or happen would do just as well, the use of transpire may strike readers as an affectation or a jargon.” – The Oxford American College Dictionary (Comment on the usage of the verb transpire - page 1483)

With all due respect, its use here and the use of “usually” - as suggesting that it is not unusual for a garnishment to proceed without an underlying judgment - leaves me stricken with the sense that the writer may have inadvertently wandered into the wrong forum.

Please stay on topic to the original OP's concern.

 

[Texas Pooh]

There is a process where restitution orders can be entered as judgments. Once a judgment is entered, all the standard post-judgment remedies (garnishment, liens, receiverships, etc.) apply.

You should consult with counsel in your state familiar with this process in United States District Courts. There may also be issues with domesticating the judgment in other states, so that the post-judgment process can commence where the person is now.

However, this is not a do-it-yourself project. Given the amounts at stake, you should be able to find counsel who would do it on a contingency basis if there really is a reasonable basis to believe there are assets avaialble.

There have been many articles in the legal press about how the vast majority of restitution orders go unpaid, in part because people don't take the extra steps to have a judgment entered. I hope you have a different result!

 

[Erudition]

Thank you for the suggestion. Our office has an attorney on retainer that is admitted in nearly every state. I will have our board discuss your recommendation and talk to our counsel about fees etc.

Sometimes it's not about the money collected as much as it is about the principle that they are making an effort to repay something. As stated previously, $5/week is better than $0. We are all well aware that we will never be completely paid in full, but to receive nothing is simply out of the question. She stole this money from people that work VERY hard.

Thank you for your time.