Materials on federal crime victims' rights and restitution
updated 2/13/2011
Note: Our office has focused on fraud
victims and their rights to restitution, and the links below are
generally limited to those issues. For other crime victims rights issues, see the website of the National Crime Victim Law Institute.
STATUTES
18 U.S.C.
§ 3663 - discretionary restitution
18 U.S.C.
§ 3663A - Mandatory Victim Restitution Act
18 U.S.C.
§ 3664 - restitution procedure
18
U.S.C.
§
3771 - Crime Victims' Rights Act
FEDERAL
REGULATIONS
28 C.F.R. 9.1 - Remission, authority and
purpose
28 C.F.R. 9.2
- Definitions
28 C.F.R. 9.4 - Petitions in judicial
forfeiture cases.
28 C.F.R. 9.5 - Criteria governing
administrative and judicial remission and mitigation
28 C.F.R. 9.7 - Terms and conditions of
remission and mitigation
28 C.F.R. 9.8 - Provisions applicable to
victims
28 C.F.R. 9.9
- Miscellaneous Provisions (including priority of payment from
forfeited assets)
OTHER
AUTHORITIES
Attorney General Guidelines for Victim and Witness Assistance, DOJ May 2005
Congressional Research Service Report, "Restitution in Federal Criminal Cases", August 17, 2007
DOJ
Asset
Forfeiture Policy Manual (2008)
GAO Report:Court-Ordered Restitution Amounts Far Exceed Likely Collections for the Crime Victims in Selected Financial Fraud Cases" (highlights) (January 2005)
GAO Report: "Crime
Victims' Rights Act: Increasing Awareness, Modifying the Complaint
Process, and Enhancing Compliance Monitoring Will Improve
Implementation of the Act" (December 2008)
National Crime Victim Law Institute,"A Review of the American Bar Association's Guidelines for Fair Treatment of Crime Victims and Witnesses"
National Crime Victim Law Institute, "Developing Victims' Rights Law: A Study of Precedent and Dicta," by Kim Montagriff
National Crime Victim Law Institute, "Ensuring Individual Rights Are Not Diminished in the Face of Mass Victimization" by Meg Garvin, J.D.
National Crime Victim Law Institute, "The Changing Landscape of Federal Criminal Practice", by Meg Garvin, J.D.
National Crime Victim Law Institute, "The New Federal Landscape: Snapshots of Change" by Meg Garvin, J.D.
National Crime Victim Law Institute, "The Grassroots Beginnings of the Victims' Rights Movement," by Joanna Tucker Davis
National Crime Victim Law Institute, "The Victim Impact Statement at Sentencing: A Successful Journey" by Richard Pompelio, Esq.
U.S. Attorney's Manual Chapter 3-12.000 "Collection of Criminal Monetary Impositions" (2010)
U.S. Dept. of Justice, "Crime Victim's Compensation"
U.S. Dept. of Justice, "Ordering Restitution To the Crime Victim" (November 2002)
U.S. Dept. of Justice, "Restitution: Making It Work" (November 2002)\
U.S. Dept. of Justice, "Victim Input Into Plea Agreements" (November 2002)
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