Restitution, Fines, and Forfeiture

Q: What is federal restitution?

Restitution is a court-ordered payment requiring defendants to repay victims for losses directly caused by the offense, such as medical expenses, property damage, or lost income. Under the Mandatory Victims Restitution Act (MVRA), courts must order full restitution for certain offenses regardless of the defendant's ability to pay.

Q: What is the Inmate Financial Responsibility Program (IFRP)?

The IFRP is a BOP program requiring inmates with financial obligations to develop payment plans from earnings or trust funds. Plans prioritize special assessments, then restitution, fines, and other debts. Minimum payments are $25 quarterly. Non-participation can result in restricted commissary access.

Q: How long can the government collect restitution?

Restitution and fines create liens on defendants' property enforceable for 20 years after judgment or release from incarceration. Collection tools include wage garnishment, asset seizure, and offsets against tax refunds through the Treasury Offset Program.

Q: What is the difference between criminal and civil forfeiture?

Criminal forfeiture occurs post-conviction under 18 U.S.C. § 982 and targets proceeds or property used in crimes. Civil forfeiture under 18 U.S.C. § 981 proceeds against the property itself without requiring a conviction. The government must prove civil forfeiture by preponderance of evidence.

Q: What are the maximum federal fines?

Under 18 U.S.C. § 3571, individuals face fines up to $250,000 for felonies, $100,000 for Class A misdemeanors, and $5,000 for other misdemeanors. Organizations face up to $500,000 for felonies. Alternative fines can reach twice the gross gain or loss from the offense.

Q: What happens if I can't pay restitution?

Under the MVRA, courts must order full restitution regardless of ability to pay. Payment schedules consider financial circumstances. While inability to pay alone typically won't result in imprisonment, failure to make good-faith payments during supervised release can lead to revocation.

Restitution, fines, and forfeiture in the United States federal criminal justice system are monetary penalties imposed on defendants convicted of federal offenses to punish wrongdoing, compensate victims, and deter future crimes. Restitution requires defendants to repay victims for losses directly caused by the offense, such as medical expenses, property damage, or lost income. Fines are payments to the government serving as punishment, while forfeiture involves the seizure of assets derived from or used in criminal activity.

These penalties are authorized under Title 18 of the United States Code and enforced by the Department of Justice, with collection often continuing for 20 years after release from incarceration. In fiscal year 2024, courts ordered approximately $4.5 billion in restitution across federal cases, though collection rates remain low, with only about 10 percent of awarded amounts recovered annually.^[1] The Inmate Financial Responsibility Program administered by the Federal Bureau of Prisons facilitates payments from inmate earnings and trust accounts, prioritizing restitution over other obligations.

Restitution

Restitution compensates victims for losses proximately caused by the defendant's offense. Under the Mandatory Victims Restitution Act (MVRA), codified at 18 U.S.C. § 3663A, courts must order full restitution for victims of certain offenses, including crimes of violence, property crimes in Title 18, and offenses involving schemes or patterns of activity. The MVRA applies regardless of the defendant's ability to pay, and orders must cover medical costs, lost income, and other direct harms.

For offenses not covered by the MVRA, courts may order discretionary restitution under the Victim and Witness Protection Act (VWPA), 18 U.S.C. § 3663. Victims include individuals directly harmed, as well as guardians or estates for minors, incompetents, or deceased persons. In cases of multiple victims, courts apportion payments equitably. Plea agreements may include agreed restitution amounts, but courts retain authority to order more if losses exceed the agreement.

Fines

Fines punish defendants and fund government programs, including the Crime Victims Fund. Under 18 U.S.C. § 3571, courts impose fines based on offense severity: up to $250,000 for felonies, $100,000 for Class A misdemeanors, and $5,000 for other misdemeanors for individuals. Organizations face fines up to $500,000 for felonies or twice the gain or loss caused. Alternative fines may reach twice the gross gain or loss from the offense.

Courts consider the defendant's financial resources and ability to pay when setting amounts, per 18 U.S.C. § 3572. Fines take precedence over restitution in payment priority but may be waived or modified if uncollectible. Special assessments under 18 U.S.C. § 3013, typically $100 per felony count, support victim assistance programs.

Forfeiture

Forfeiture seizes property involved in or derived from criminal activity. Criminal forfeiture, under 18 U.S.C. § 982, occurs post-conviction and applies to offenses like money laundering, fraud, and RICO violations. It targets proceeds, property used in the crime, or substitute assets if originals are unavailable. Procedures follow 21 U.S.C. § 853, excluding subsection (d), allowing third-party petitions for remission.

Civil forfeiture, governed by 18 U.S.C. § 981, proceeds in rem against the property without requiring conviction. It covers violations of over 400 statutes, including drug trafficking and financial crimes. The government must prove forfeiture by a preponderance of evidence, with innocent owner defenses available. Equitable sharing allows federal agencies to distribute proceeds to state and local partners.

Enforcement and Collection

The Department of Justice enforces penalties through Financial Litigation Units in U.S. Attorney's Offices. Restitution and fines create liens on defendants' property, enforceable for 20 years post-judgment or release. Collection tools include garnishment, asset seizure, and offsets against tax refunds under the Treasury Offset Program.

Within the Federal Bureau of Prisons, the Inmate Financial Responsibility Program (IFRP) requires sentenced inmates with obligations to develop payment plans from earnings or trust funds. Plans prioritize special assessments, then restitution, fines, and other debts, with minimum payments of $25 quarterly. Non-participation results in sanctions like restricted commissary access or ineligibility for community programs. In fiscal year 2023, IFRP collected over $9.2 million.

Post-release, the U.S. Probation Office monitors compliance as a supervised release condition. Violations may lead to revocation. The Central Office of the Clerk tracks debts via the Financial Litigation Database, but oversight challenges persist, with GAO recommending improved performance metrics.

Impact and Statistics

Restitution aims to restore victims, but low collection rates hinder effectiveness. In fiscal years 2014–2016, courts ordered $29.3 billion in restitution, but only $2.95 billion was collected, leaving most debt outstanding. Organizational cases saw $233 million ordered in 2024, with restitution in 23 percent of instances. Fines contributed $1.2 billion to the Crime Victims Fund in 2024.

Forfeiture generated $1.8 billion in federal proceeds in 2023, with over $12 billion returned to victims since 2000 via remission petitions. However, critics note disparities, as 80 percent of forfeitures target low-income individuals, raising Eighth Amendment concerns over excessiveness.

Criticisms and Challenges

Challenges include incomplete data on orders, limiting oversight, and defendants' inability to pay, leading to uncollected debts. The MVRA's mandatory nature burdens indigent defendants, potentially conflicting with due process. Forfeiture faces scrutiny for civil proceedings without convictions, incentivizing seizures over prosecutions.

Equitable sharing undermines state reforms by allowing federal bypass of stricter rules. GAO reports highlight DOJ's need for better metrics to track collections. Victims often receive partial compensation, with only 10 percent of awards fully paid.

History

Early federal restitution emerged in the 1920s as probation conditions under the Federal Probation Act. The Victim and Witness Protection Act of 1982 (VWPA) formalized discretionary restitution for Title 18 offenses, emphasizing victim rights amid rising crime concerns.

The Violent Crime Control and Law Enforcement Act of 1994 mandated restitution for sexual abuse and domestic violence. The Mandatory Victims Restitution Act (MVRA) of 1996, part of the Antiterrorism and Effective Death Penalty Act, expanded mandatory restitution to most violent and property crimes, overriding ability-to-pay considerations.

Fines trace to common law but were standardized in the Comprehensive Crime Control Act of 1984, establishing § 3571 limits. Forfeiture evolved from English admiralty law, with modern criminal provisions in the Racketeer Influenced and Corrupt Organizations Act (1970) and drug laws (1970s). The Civil Asset Forfeiture Reform Act of 2000 (CAFRA) enhanced protections, shifting burdens and adding innocent owner defenses. The First Step Act of 2018 clarified forfeiture priorities over restitution in some cases.

External links

References

↑ "Federal Criminal Restitution: Most Debt Is Outstanding and Oversight of Collections Could Be Improved". U.S. Government Accountability Office. Retrieved November 30, 2025.

[1] "Federal Criminal Restitution: Most Debt Is Outstanding and Oversight of Collections Could Be Improved". U.S. Government Accountability Office. Retrieved November 30, 2025.

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