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    unclechinchin's Avatar
    unclechinchin Posts: 3, Reputation: 1
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    #1

    Jun 2, 2013, 05:15 PM
    Restitution
    Had a federal case were there were multiple defendants including myself. As part of my plea I received restitution for the entire amount we took. I have over paid my part in this. Gov't won't tell me who has paid or what is left. I received restitution of 180k but gov't won't give me any info. I kept hearing promises from my P.O. that if I over pay they will reimburse me. I haven't paid in about four years and my lady wants to know if the government can come and take me away? Can they do that? Also, is it possible I could be charged again for something else? Thanks
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Jun 2, 2013, 05:37 PM
    As a defendant, you are ordered to make restitution, not receive it.
    Your story is confusing. Is each of you is responsible for the whole amount, regardless of who pays or not? You overpaid your part of 180K? Are you not in touch with the others? Why did you overpay?
    If this is a guessing game about who may or may not be contributing to the payback, and no one will tell you the total collected so far, I would suggest hiring a lawyer! I don't see how we could possibly know if you will be sent back to jail or not. As for arrested for 'something else' well of course you can. Not sure what you mean there. Please try to be more clear and detailed.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jun 2, 2013, 05:54 PM
    Did all of the defendants make this deal? One would have to look at the judgment of conviction, but absent that, t appears that all the co-defendants were made jointly and severally liable for restitution of the entire amount.

    If so, OP should have some idea how much he paid. Did he not keep track of it?

    If this is the entire amount, his resitution obligation is complete. He might want to see an attorney about a lawsuit seeking contribution from the others.
    unclechinchin's Avatar
    unclechinchin Posts: 3, Reputation: 1
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    #4

    Jun 2, 2013, 07:05 PM
    Type of lawyer
    What type of lawyer deals with restitution cases? Is there a special area of attention that a lawyer would need in order to handle restitution cases? My case was federal, so I am guessing a federal lawyer.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jun 2, 2013, 07:10 PM
    There is no special restitution cases. If the restitution was part of a criminal sentence then you need a criminal lawyer
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jun 3, 2013, 03:22 AM
    There is no special lawyer, just a criminal attorney, the issue is that most likely all of the defendants are ordered to pay the entire sum, that way if one has money, the victim gets theirs.

    But you can be ordered to pay the full amount, not just your "share" if the others have not paid. And you have to keep paying until the full amount is paid.

    Yes, they may revoke your probation if you stop paying
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Jun 3, 2013, 06:01 AM
    Hello uncle:

    can come and take me away? Can they do that? Also, is it possible I could be charged again for something else?
    Yes, they CAN come and take you away. No, they can't charge you with a new crime because you didn't pay. And, if you leave it UNRESOLVED, it won't be resolved to your liking..

    When you say the "government", I'm sure you mean your PO. Try writing to the judge about the status of restitution. Tell him everything. Send your letter certified, return receipt requested, and send copies to your PO and ALL the other defendants and their lawyers. Send them ALL certified..

    Who paid what should NOT be a secret. I wouldn't hire a lawyer just yet. Let this play out. I can't imagine letters like these WON'T get a response.

    Excon
    unclechinchin's Avatar
    unclechinchin Posts: 3, Reputation: 1
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    #8

    Jun 3, 2013, 04:58 PM
    I haven't been on probation since 2002 and I haven't paid restitution since 2007 but I know this thing is following me. I tried to purchase a home but I came up on this federal website which identifies individuals who are deliquent on there payments. I am just worried. Thanks for everyone's help.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Jun 3, 2013, 05:25 PM
    Hello again, u:

    At this point, all they can do is sue you civilly. However, since they haven't made any attempts to collect since 2007, the statute of limitations has run out. In a couple of years, it'll drop off your credit history as a bad debt.

    You're home free, dude.

    excon

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