Seasoned litigators know that it is one thing to obtain a judgment and quite another to collect it.
As a tool to preserve wealth, offshore trusts are effective because a creditor with a U. judgment will still face significant hurdles before actually being able to get any of the trust's assets.
The principle of restitution is an integral part of virtually every formal system of criminal justice.
It holds that, whatever else society does to punish its wrongdoers, it should also insure that the criminal is required, if possible, to restorethe victim to his or her prior state of well-being.
Not everything over there is fully functional yet, and the internal links still point to this blog, and will for the indefinite future.
So all the old material will be left here for archival purposes, with comments turned off.
Most restitution payments begin only after the defendant is released.
So even if the court orders full restitution to victims, the collection and distribution of payments is often difficult, especially if perpetrators are sentenced to long periods of incarceration.
Additionally, victims not officially included in formal indictments are ineligible to receive any restitution unless their repayment is part of a plea negotiation. courts must order restitution for federal fraud crimes committed after April 24, 1996, regardless of the defendant's ability to pay.
Some losses may at least be tax-deductible so consult a qualified tax advisor or the taxation department to see if your losses qualify. The court sets the amount of restitution, the order in which victims will be paid (if there are multiple victims, usually those with the most pressing financial needs are paid first), and conditions for repayment.
Second, a majority of forfeiture cases are uncontested, often because the defendant sees no point in claiming property that connects him to the crime.
Civil forfeiture allows disposal of these cases administratively.
The payment of restitution by perpetrators can mark the end of a financial nightmare for fraud victims.