Mandatory Victim Restitution PDF Download

Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 56

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Author: Peter N. Allerton
Publisher: Nova Publishers
ISBN: 9781604565898
Category : Law
Languages : en
Pages : 88

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Book Description
Restitution is the act of restoring an individual or entity in whole or in part to the lost circumstances they might have once enjoyed. In a federal criminal context, it is the order of a sentencing court directing a defendant to reimburse or otherwise compensate the victims of his crimes. Restitution is based on the losses suffered by the victims of a crime. Neither the defendant's financial condition at the time of sentencing or his future economic prospects figure in the amount of restitution awarded. Consequently, in some cases the amount of restitution ordered may exceed what the defendant can ever reasonably be expected to pay, particularly in the case of mandatory restitution. Nevertheless, there have been suggestions that in other instances insufficient restitution has been ordered or collected because of the particularities of restitution law.

Author: T. Hill
Publisher:
ISBN:
Category :
Languages : en
Pages : 38

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The Mandatory Victims Restitution Act requires restitution for federal crimes involving property. In particular, the defendant is required to return any property taken, or, if return is impossible, to pay for the victim's loss, which may be offset by a partial return of the property. In mortgage fraud cases, this usually entails calculating the lender's loss -- an unpaid loan -- and offsetting that loss by the value of the collateral for the loan, which the lender recovers. The circuits disagree about how to value the recovered collateral as an offset to restitution: Should its value be determined by its appraised fair market value or, conversely, by its final foreclosure price when the victim-lender sells it? This Note concludes that courts should presumptively use the foreclosure price, except when that price can be shown not to approximate the value at the date of return.

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 162

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Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 48

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Author: Catharine M. Goodwin
Publisher: West Group
ISBN: 9780314984470
Category : Law
Languages : en
Pages : 626

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Author: United States Sentencing Commission
Publisher:
ISBN: 9781688963566
Category :
Languages : en
Pages : 32

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Book Description
This primer provides a general overview of crime victims' rights under the Crime Victims' Rights Act ("CVRA"), as described in 18 U.S.C. � 3771, the related provisions of the Mandatory Victim Restitution Act ("MVRA") and the Victim and Witness Restitution Act ("VWRA"), and the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018. The Sentencing Guidelines implement the CVRA through USSG �6A1.5 and the related restitution provisions through USSG ��5E1.1 and 8B1.1.

Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages :

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Author: United States Sentencing Commission
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 556

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Author: United States. Department of Justice. Criminal Division
Publisher:
ISBN:
Category : Intervention (Criminal procedure)
Languages : en
Pages : 574

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