Number: RL34138
Title: Restitution in Federal Criminal Cases
Authors: Charles Doyle, American Law Division 
Abstract: Federal courts may not order a defendant to pay restitution to the victims of his or her crimes unless authorized to do so. Several statutes supply such authorization. For instance, federal courts are statutorily required to order victim restitution when sentencing a defendant for a felony that constitutes either a crime of violence or an offense against property, including fraud or deceit proscribed in Title 18 of the United States Code. The obligation exists even if the defendant is indigent, and restitution must take the form of in-kind or installment payments. Moreover, a court may not order restitution as required by the statute and then grant the defendant remission of restitution. Ordinarily, however, restitution is available only to victims who have suffered a physical injury or financial loss as a direct and proximate consequence of the crime of conviction, and only to the extent of their losses. In addition, federal courts are permitted to order victim restitution when sentencing a defendant for various controlled substance and aviation safety offenses, or any felony proscribed in Title 18 for which restitution is not mandatory. Moreover, a federal court may make restitution a condition of probation or supervised release.
Pages: 36
Date: August 17, 2007