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In other cases, perpetrators will have placed assets in the names of others or hidden money in offshore accounts, so victims usually collect only pennies on the dollar of what they are owed, or get nothing at all.
One telemarketer recently told a prosecutor: "I'd rather spend a million dollars fighting extradition than paying it back in restitution to the victims".
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.
Civil forfeiture allows disposal of these cases administratively.
Third, criminal forfeiture statutes are not comprehensive.
The former is part of a criminal case against a defendant. While there is a parallel criminal arrest and prosecution, in the overwhelming majority of civil forfeiture cases, there are important reasons why the government must have civil forfeiture, in addition to criminal.
First, criminal forfeiture is unavailable if the defendant is dead or is a fugitive.
If the defendant was convicted in a state case, the federal forfeiture must be a civil forfeiture.
Fifth, criminal forfeiture is limited to the property of the defendant himself, not associates or family members who may have taken possession of the assets.
Some cases must be done civilly simply because there is no criminal forfeiture statute.
Fourth, criminal forfeiture in a federal case requires a federal conviction.
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.
Within the federal prosecutor's office, the Financial Litigation Unit (FLU) works to uncover any assets the crook may have that could be sold, seized, or forfeited to satisfy the restitution debt.Tags: Adult Dating, affair dating, sex dating