Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > FEDERAL PRISON SYSTEM > Federal System News, Events and Legal Issues
Register Entertainment FAQ Calendar Mark Forums Read

Federal System News, Events and Legal Issues News & Events relating to the U.S. Federal Bureau of Prisons, U.S. Courts, Department of Justice and any legal questions you may have dealing with the Federal system.

Reply
 
Thread Tools Display Modes
  #1  
Old 06-18-2018, 03:18 PM
AndieNik AndieNik is offline
Registered User
 

Join Date: Aug 2017
Location: US
Posts: 17
Thanks: 6
Thanked 11 Times in 6 Posts
Default Restitution Questions

Wondering if there is any way to negotiate down a court ordered restitution amount? The company that my husband is supposed to pay restitution to "make whole" has since been acquired by a larger company and I'm sure they don't care about this money which would be a small amount to them, but is a significant amount to us. Hoping to negotiate one final lump (smaller) sum payment and be done. However, I 'm not sure if this is even allowed or possible to do. Also, someone mentioned that we may have to pay taxes on the forgiven amount if this should happen, is that true?
Also, will he start paying restitution while on SR or afterwards?
Any advice on restitution would be helpful. Not a lot of information out there. My husband is hearing different things at prison which I am hesitant to believe.
Reply With Quote
The Following User Says Thank You to AndieNik For This Useful Post:
LilyBud (08-24-2018)
Sponsored Links
  #2  
Old 06-18-2018, 05:08 PM
fbopnomore fbopnomore is offline
Site Moderator

PTO Site Moderator Staff Superstar Winner 

Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 26,968
Thanks: 41,043
Thanked 19,948 Times in 11,662 Posts
Default

He will begin paying restitution while he is in prison based on the inmate financial responsibility program, IFRP.
https://www.bop.gov/policy/progstat/5380_008.pdf

If not paid in full, it will become a "condition of supervised release". He will be given a payment schedule by his probation officer, so not staying current can result in a violation and a return to prison.

If it still isn't paid in full during SR, it will be transferred to the Department of Justice's financial litigation unit, FLU, for collection.

Ask his lawyer about the possibility of negotiating a lesser amount with the victim. That would be the first step since the federal court order that was issued set the higher amount of restitution due, which is what all of the federal agencies will go by. If a smaller amount is agreed upon, my guess is that it would require a new judge's order in order for it to be accepted by the government's collectors.
__________________
Reply With Quote
The Following 2 Users Say Thank You to fbopnomore For This Useful Post:
AndieNik (06-19-2018), LilyBud (08-24-2018)
  #3  
Old 08-24-2018, 03:41 AM
LilyBud LilyBud is offline
Registered User
 

Join Date: Aug 2018
Location: California USA
Posts: 1
Thanks: 5
Thanked 0 Times in 0 Posts
Default

I have an additional twist. My brother got mammoth restitution in totally botched case. It is now judgment on shop he and wife owned. Emphasis on owned. Right after sentencing he transferred all their stuff to her name in case he died in prison. If they (well, she) sells this shop it might cover this massive restitution, but their life's work is lost. And sister knew nothing about it going on! I am afraid of this being a fraudulent conveyance out of their family trust just to her. California is community state. Also he hasn't been paying because he can't and plea agreement says he could go back to prison for maximum sentence. They have no money for a lawyer. Can anyone help at all?
Reply With Quote
  #4  
Old 08-24-2018, 06:11 AM
fbopnomore fbopnomore is offline
Site Moderator

PTO Site Moderator Staff Superstar Winner 

Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 26,968
Thanks: 41,043
Thanked 19,948 Times in 11,662 Posts
Default

Welcome to Prison Talk and to the federal forums. My advice, find the money to hire a lawyer so you can get accurate answers.
__________________
Reply With Quote
The Following User Says Thank You to fbopnomore For This Useful Post:
safran (08-24-2018)
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Questions about Restitution? mhrndz82 Correctional Training Facility, Soledad (CTF) - California 21 01-20-2009 11:52 PM
Restitution Questions BigBurtChino CDCR - What You Need to Know 10 08-24-2008 11:10 AM
Questions about restitution? gypsygirl Federal Prison Self Surrendering Information 1 04-03-2008 12:48 AM
Restitution Questions rrthrock Federal General Prison Talk, Introductions & Chit Chat 8 04-16-2006 11:07 PM
Restitution Questions??? sbrown110 Federal General Prison Talk, Introductions & Chit Chat 7 03-18-2004 04:27 PM


All times are GMT -6. The time now is 02:44 AM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics