HR 4110 IHCommentsClose CommentsPermalink

To amend the Mandatory Victims' Restitution Act to improve restitution for victims of crime, and for other purposes.CommentsClose CommentsPermalink

November 7, 2007

Ms. SHEA-PORTER introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To amend the Mandatory Victims' Restitution Act to improve restitution for victims of crime, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Restitution for Victims of Crime Act of 2007'.CommentsClose CommentsPermalink

TITLE I--COLLECTION OF RESTITUTION

SEC. 101. SHORT TITLE.

This title may be cited as the `Collection of Restitution Improvement Act of 2007'.CommentsClose CommentsPermalink

SEC. 102. PROCEDURE FOR ISSUANCE AND ENFORCEMENT OF RESTITUTION.

Section 3664(f) of title 18, United States Code, is amended by striking paragraphs (2) through (4) and inserting the following:CommentsClose CommentsPermalink





`(C)(i) Each restitution order shall--CommentsClose CommentsPermalink





`(I) contain information sufficient to identify each victim to whom restitution is owed;CommentsClose CommentsPermalink





`(II) require that a copy of the court order be sent to each such victim; andCommentsClose CommentsPermalink





`(III) inform each such victim of the obligation to notify the appropriate entities of any change in address.CommentsClose CommentsPermalink





`(ii) It shall be the responsibility of each victim to whom restitution is owed to notify the Attorney General, or the appropriate entity of the court, by means of a form to be provided by the Attorney General or the court, of any change in the victim's mailing address while restitution is still owed to the victim.CommentsClose CommentsPermalink





`(iii) The confidentiality of any information relating to a victim under this subparagraph shall be maintained.CommentsClose CommentsPermalink





`(2) The court shall order that the restitution imposed is due in full immediately upon imposition.CommentsClose CommentsPermalink





`(3) The court shall direct the defendant--CommentsClose CommentsPermalink





`(A) to make a good-faith effort to satisfy the restitution order in the shortest time in which full restitution can be reasonably made, and to refrain from taking any action that conceals or dissipates the defendant's assets or income;CommentsClose CommentsPermalink





`(B) to notify the court of any change in residence; andCommentsClose CommentsPermalink





`(C) to notify the United States Attorney for the district in which the defendant was sentenced of any change in residence, and of any material change in economic circumstances that might affect the defendant's ability to pay restitution.CommentsClose CommentsPermalink





`(4) Compliance with all payment directions imposed under paragraphs (6) and (7) shall be prima facie evidence of a good faith effort under paragraph (3)(A), unless it is shown that the defendant has concealed or dissipated assets.CommentsClose CommentsPermalink





`(5) Notwithstanding any other provision of law, for the purpose of enforcing a restitution order, a United States Attorney may receive, without the need for a court order, any financial information concerning the defendant obtained by the grand jury that indicted the defendant for the crime for which restitution has been awarded, the United States Probation Office, or the Bureau of Prisons. A victim may also provide financial information concerning the defendant to the United States Attorney.CommentsClose CommentsPermalink





`(6)(A) At sentencing, or at any time prior to the termination of a restitution obligation under section 3613 of this title, the court may--CommentsClose CommentsPermalink





`(i) impose special payment directions upon the defendant or modify such directions; orCommentsClose CommentsPermalink





`(ii) direct the defendant to make a single, lump sum payment, partial payments at specified intervals, in-kind payments, or a combination of payments at specified intervals and in-kind payments.CommentsClose CommentsPermalink





`(B) The period of time over which scheduled payments are established for purposes of this paragraph shall be the shortest time in which full payment reasonably can be made.CommentsClose CommentsPermalink





`(C) In-kind payments may be in the form of the return of property, replacement of property, or, if the victim agrees, services rendered to the victim or a person or organization other than the victim.CommentsClose CommentsPermalink





`(D) In ordering restitution, the court may direct the defendant to--CommentsClose CommentsPermalink





`(i) repatriate any property that constitutes proceeds of the offense of conviction, or property traceable to such proceeds; andCommentsClose CommentsPermalink





`(ii) surrender to the United States, or to the victim named in the restitution order, any interest of the defendant in any nonexempt asset.CommentsClose CommentsPermalink





`(E) The court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property for restitution.CommentsClose CommentsPermalink





`(7)(A) In determining whether to impose or modify specific payment directions, the court may consider--CommentsClose CommentsPermalink





`(i) the need to provide restitution to the victims of the offense;CommentsClose CommentsPermalink





`(ii) the financial ability of the defendant;CommentsClose CommentsPermalink





`(iii) the economic circumstances of the defendant, including the financial resources and other assets of the defendant and whether any of those assets are jointly controlled;CommentsClose CommentsPermalink





`(iv) the projected earnings and other income of the defendant;CommentsClose CommentsPermalink





`(v) any financial obligations of the defendant, including obligations to dependents;CommentsClose CommentsPermalink





`(vi) whether the defendant has concealed or dissipated assets or income; andCommentsClose CommentsPermalink





`(vii) any other appropriate circumstances.CommentsClose CommentsPermalink





`(B) Any substantial resources from any source, including inheritance, settlement, or other judgment, shall be applied to any outstanding restitution obligation.CommentsClose CommentsPermalink





`(8)(A) If the court finds that the economic circumstances of the defendant do not allow the payment of any substantial amount as restitution, the court may direct the defendant to make nominal payments of not less than $100 per year toward the restitution obligation.CommentsClose CommentsPermalink





`(B) Any money received from the defendant under subparagraph (A) shall be disbursed so that any outstanding assessment imposed under section 3013 is paid first in full.CommentsClose CommentsPermalink





`(9) Court-imposed special payment directions shall not limit the ability of the Attorney General to maintain an Inmate Financial Responsibility Program that encourages sentenced inmates to meet their legitimate financial obligations.CommentsClose CommentsPermalink





`(10)(A) The ability of the Attorney General to enforce restitution obligations ordered under paragraph (2) shall not be limited by appeal, or the possibility of a correction, modification, amendment, adjustment, or reimposition of a sentence, unless the court expressly so orders for good cause shown and stated on the record.CommentsClose CommentsPermalink





`(B) Absent exceptional circumstances, as determined by the court, an order limiting the enforcement of restitution obligations shall--CommentsClose CommentsPermalink





`(i) require the defendant to deposit, in the registry of the district court, any amount of the restitution that is due;CommentsClose CommentsPermalink





`(ii) require the defendant to post a bond or other security to ensure payment of the restitution that is due; orCommentsClose CommentsPermalink





`(iii) impose additional restraints upon the defendant to prevent the defendant from transferring or dissipating assets.CommentsClose CommentsPermalink





`(C) No order described in subparagraph (B) shall restrain the ability of the United States to continue its investigation of the defendant's financial circumstances, conduct discovery, record a lien, or seek any injunction or other relief from the court.'.CommentsClose CommentsPermalink

SEC. 103. IMPOSITION OF CRIMINAL FINES AND PAYMENT DIRECTIONS.

Subsection 3572(d) of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





`(d) Payment-CommentsClose CommentsPermalink





`(1) IN GENERAL- The court shall order that any fine or assessment imposed be due in full immediately upon imposition.CommentsClose CommentsPermalink





`(2) EFFORTS TO MAKE PAYMENT- The court shall--CommentsClose CommentsPermalink





`(A) direct the defendant to make a good-faith effort to satisfy the fine and assessment in the shortest time in which full payment can be reasonably made, and to refrain from taking any action that conceals or dissipates the defendant's assets or income;CommentsClose CommentsPermalink





`(B) direct the defendant to notify the court of any change in residence; andCommentsClose CommentsPermalink





`(C) order the defendant to notify the United States Attorney for the district in which the defendant was sentenced of any change in residence, and of any material change in economic circumstances that might affect the defendant's ability to pay restitution.CommentsClose CommentsPermalink





`(3) GOOD FAITH- Compliance with all payment directions imposed by paragraphs (5) and (6) shall be prima facie evidence of a good faith effort under paragraph (2)(A), unless it is shown that the defendant has concealed or dissipated assets;CommentsClose CommentsPermalink





`(4) ACCESS TO INFORMATION- Notwithstanding any other provision of law, for the purpose of enforcing a fine or assessment, a United States Attorney may receive, without the need for a court order, any financial information concerning the defendant obtained by a grand jury, the United States Probation Office, or the Bureau of Prisons.CommentsClose CommentsPermalink





`(5) PAYMENT SCHEDULE-CommentsClose CommentsPermalink





`(A) IN GENERAL- At sentencing, or at any time prior to the termination of a restitution obligation under section 3613 of this title, the court may--CommentsClose CommentsPermalink





`(i) impose special payment directions upon the defendant or modify such directions; orCommentsClose CommentsPermalink





`(ii) direct the defendant to make a single, lump sum payment, or partial payments at specified intervals.CommentsClose CommentsPermalink





`(B) PERIOD OF TIME- The period of time over which scheduled payments are established for purposes of this paragraph shall be the shortest time in which full payment can reasonably be made.CommentsClose CommentsPermalink





`(C) REPATRIATION- The court may direct the defendant to repatriate any property that constitutes proceeds of the offense of conviction, or property traceable to such proceeds.CommentsClose CommentsPermalink





`(D) SURRENDER- In ordering restitution, the court may direct the defendant to surrender to the United States any interest of the defendant in any non-exempt asset.CommentsClose CommentsPermalink





`(E) THIRD PARTIES- If the court directs the defendant to repatriate or surrender any property in which it appears that any person other than the defendant may have a legal interest--CommentsClose CommentsPermalink





`(i) the court shall take such action as is necessary to protect such third party interest; andCommentsClose CommentsPermalink





`(ii) may direct the United States to initiate any ancillary proceeding to determine such third party interests in accordance with the procedures specified in section 413(n) of the Controlled Substances Act (21 U.S.C. 853(n)).CommentsClose CommentsPermalink





`(F) EXCLUSIVITY OF REMEDY- Except as provided in this section, no person may commence an action against the United States concerning the validity of the party's alleged interest in the property subject to reparation or surrender.CommentsClose CommentsPermalink





`(G) PRESERVATION OF PROPERTY- The court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property for payment of the fine or assessment.CommentsClose CommentsPermalink





`(6) CONSIDERATIONS- In determining whether to impose or modify special payment directions, the court may consider--CommentsClose CommentsPermalink





`(A) the need to satisfy the fine or assessment;CommentsClose CommentsPermalink





`(B) the financial ability of the defendant;CommentsClose CommentsPermalink





`(C) the economic circumstances of the defendant, including the financial resources and other assets of the defendant, and whether any of those assets are jointly controlled;CommentsClose CommentsPermalink





`(D) the projected earnings and other income of the defendant;CommentsClose CommentsPermalink





`(E) any financial obligations of the defendant, including obligations to dependents;CommentsClose CommentsPermalink





`(F) whether the defendant has concealed or dissipated assets or income; andCommentsClose CommentsPermalink





`(G) any other appropriate circumstances.CommentsClose CommentsPermalink





`(7) USE OF RESOURCES- Any substantial resources from any source, including inheritance, settlement, or other judgment shall be applied to any fine or assessment still owed.CommentsClose CommentsPermalink





`(8) NOMINAL PAYMENTS- If the court finds that the economic circumstances of the defendant do not allow the immediate payment of any substantial amount of the fine or assessment imposed, the court may direct the defendant to make nominal payments of not less than $100 per year toward the fine or assessment imposed.CommentsClose CommentsPermalink





`(9) INMATE FINANCIAL RESPONSIBILITY PROGRAM- Court-imposed special payment directions shall not limit the ability of the Attorney General to maintain an Inmate Financial Responsibility Program that encourages sentenced inmates to meet their legitimate financial obligations.CommentsClose CommentsPermalink





`(10) ENFORCEMENT-CommentsClose CommentsPermalink





`(A) IN GENERAL- The ability of the Attorney General to enforce the fines and assessment ordered under paragraph (1) shall not be limited by an appeal, or the possibility of a correction, modification, amendment, adjustment, or reimposition of a sentence, unless the court expressly so orders, for good cause shown and stated on the record.CommentsClose CommentsPermalink





`(B) EXCEPTIONS- Absent exceptional circumstances, as determined by the court, an order limiting enforcement of a fine or assessment shall--CommentsClose CommentsPermalink





`(i) require the defendant to deposit, in the registry of the district court, any amount of the fine or assessment that is due;CommentsClose CommentsPermalink





`(ii) require the defendant to post a bond or other security to ensure payment of the fine or assessment that is due; orCommentsClose CommentsPermalink





`(iii) impose additional restraints upon the defendant to prevent the defendant from transferring or dissipating assets.CommentsClose CommentsPermalink





`(C) OTHER ACTIVITIES- No order described in subparagraph (B) shall restrain the ability of the United States to continue its investigation of the defendant's financial circumstances, conduct discovery, record a lien, or seek any injunction or other relief from the court.CommentsClose CommentsPermalink





`(11) SPECIAL ASSESSMENTS- The requirements of this subsection shall apply to the imposition and enforcement of any assessment imposed under section 3013 of this title.'.CommentsClose CommentsPermalink

SEC. 104. COLLECTION OF UNPAID FINES OR RESTITUTION.

Section 3612(b) of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





`(b) Information To Be Included in Judgment; Judgment To Be Transmitted to the Attorney General-CommentsClose CommentsPermalink





`(1) IN GENERAL- A judgment or order imposing, modifying, or remitting a fine or restitution order of more than $100 shall include--CommentsClose CommentsPermalink





`(A) the name, social security account number, mailing address, and residence address of the defendant;CommentsClose CommentsPermalink





`(B) the docket number of the case;CommentsClose CommentsPermalink





`(C) the original amount of the fine or restitution order and the amount that is due and unpaid;CommentsClose CommentsPermalink





`(D) payment orders and directions imposed under section 3572(d) and section 3664(f) of this title; andCommentsClose CommentsPermalink





`(E) a description of any modification or remission.CommentsClose CommentsPermalink





`(2) TRANSMITTAL OF COPIES- Not later than 10 days after entry of the judgment or order described in paragraph (1), the court shall transmit a certified copy of the judgment or order to the Attorney General.'.CommentsClose CommentsPermalink

SEC. 105. ATTORNEY'S FEES FOR VICTIMS.

(a) Order of Restitution- Section 3663(b) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking `or' at the end;CommentsClose CommentsPermalink





(B) by redesignating subparagraph (B) as subparagraph (C);CommentsClose CommentsPermalink





(C) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink





`(B) reimburse the victim for attorneys' fees reasonably incurred in an attempt to retrieve damaged, lost, or destroyed property (which shall not include payment of salaries of Government attorneys); or'; andCommentsClose CommentsPermalink





(D) in subparagraph (C), as so redesignated by this subsection, by inserting `or (B)' after `subparagraph (A)';CommentsClose CommentsPermalink





(2) in paragraph (4)--CommentsClose CommentsPermalink





(A) by inserting `(including attorneys' fees necessarily and reasonably incurred for representation of the victim, which shall not include payment of salaries of Government attorneys)' after `other expenses related to participation in the investigation or prosecution of the offense'; andCommentsClose CommentsPermalink





(B) by striking `and' at the end;CommentsClose CommentsPermalink





(3) in paragraph (5), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





`(6) in any case, reimburse the victim for reasonably incurred attorneys' fees that are necessary and foreseeable results of the defendant's crime (which shall not include payment of salaries of Government attorneys).'.CommentsClose CommentsPermalink





(b) Mandatory Restitution to Victims of Certain Crimes- Section 3663A(b) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking `or' at the end;CommentsClose CommentsPermalink





(B) by redesignating subparagraph (B) as subparagraph (C);CommentsClose CommentsPermalink





(C) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink





`(B) reimburse the victim for attorneys' fees reasonably incurred in an attempt to retrieve damaged, lost, or destroyed property (which shall not include payment of salaries of Government attorneys); or'; andCommentsClose CommentsPermalink





(D) in subparagraph (C), as so redesignated by this subsection, by inserting `or (B)' after `subparagraph (A)';CommentsClose CommentsPermalink





(2) in paragraph (3), by striking `and' at the end;CommentsClose CommentsPermalink





(3) in paragraph (4)--CommentsClose CommentsPermalink





(A) by inserting `(including attorneys' fees necessarily and reasonably incurred for representation of the victim, which shall not include payment of salaries of Government attorneys)' after `other expenses related to participation in the investigation or prosecution of the offense'; andCommentsClose CommentsPermalink





(B) by striking the period and inserting `; and'; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





`(5) in any case, reimburse the victim for reasonably incurred attorneys' fees that are necessary and foreseeable results of the defendant's crime (which shall not include payment of salaries of Government attorneys).'.CommentsClose CommentsPermalink

TITLE II--PRESERVATION OF ASSETS FOR RESTITUTION

SEC. 201. SHORT TITLE.

This title may be cited as the `Preservation of Assets for Restitution Act of 2007'.CommentsClose CommentsPermalink

SEC. 202. AMENDMENTS TO THE MANDATORY VICTIMS RESTITUTION ACT.

(a) In General- Chapter 232 of title 18, United States Code, is amended by inserting after section 3664 the following:CommentsClose CommentsPermalink

`Sec. 3664A. Preservation of assets for restitution

`(a) Protective Orders To Preserve Assets-CommentsClose CommentsPermalink





`(1) IN GENERAL- Upon the Government's ex parte application and a finding of probable cause to believe that a defendant, if convicted, will be ordered to satisfy an order of restitution for an offense punishable by imprisonment for more than 1 year, the court--CommentsClose CommentsPermalink





`(A) shall--CommentsClose CommentsPermalink





`(i) enter a restraining order or injunction;CommentsClose CommentsPermalink





`(ii) require the execution of a satisfactory performance bond; orCommentsClose CommentsPermalink





`(iii) take any other action necessary to preserve the availability of any property traceable to the commission of the offense charged; andCommentsClose CommentsPermalink





`(B) if it determines that it is in the interests of justice to do so, shall issue any order necessary to preserve any nonexempt asset (as defined in section 3613) of the defendant that may be used to satisfy such restitution order.CommentsClose CommentsPermalink





`(2) PROCEDURES- Applications and orders issued under paragraph (1) shall be governed by the procedures under section 413(e) of the Controlled Substances Act (21 U.S.C. 853(e)) and in this section.CommentsClose CommentsPermalink





`(3) MONETARY INSTRUMENTS- If the property in question is a monetary instrument (as defined in section 1956(c)(5)) or funds in electronic form, the protective order issued under paragraph (1) may take the form of a warrant authorizing the Government to seize the property and to deposit it into an interest-bearing account in the Registry of the Court in the district in which the warrant was issued, or into another such account maintained by a substitute property custodian, as the court may direct.CommentsClose CommentsPermalink





`(4) POST-INDICTMENT- A post-indictment protective order entered under paragraph (1) shall remain in effect through the conclusion of the criminal case, including sentencing and any post-sentencing proceedings, until seizure or other disposition of the subject property, unless modified by the court upon a motion by the Government or under subsection (b) or (c).CommentsClose CommentsPermalink





`(b) Defendant's Right to a Hearing-CommentsClose CommentsPermalink





`(1) IN GENERAL- In the case of a preindictment protective order entered under subsection (a)(1), the defendant's right to a post-restraint hearing shall be governed by paragraphs (1)(B) and (2) of section 413(e) of the Controlled Substances Act (21 U.S.C. 853(e)).CommentsClose CommentsPermalink





`(2) POST-INDICTMENT- In the case of a post-indictment protective order entered under subsection (a)(1), the defendant shall have a right to a post-restraint hearing regarding the continuation or modification of the order if the defendant--CommentsClose CommentsPermalink





`(A) establishes by a preponderance of the evidence that there are no assets, other than the restrained property, available to the defendant to retain counsel in the criminal case or to provide for a reasonable living allowance for the necessary expenses of the defendant and the defendant's lawful dependents; andCommentsClose CommentsPermalink





`(B) makes a prima facie showing that there is bona fide reason to believe that the court's ex parte finding of probable cause under subsection (a)(1) was in error.CommentsClose CommentsPermalink





`(3) HEARING-CommentsClose CommentsPermalink





`(A) IN GENERAL- If the court determines that the defendant has satisfied the requirements of paragraph (2), it may hold a hearing to determine whether there is probable cause to believe that the defendant, if convicted, will be ordered to satisfy an order of restitution for an offense punishable by imprisonment for more than 1 year, and that the seized or restrained property may be needed to satisfy such restitution order.CommentsClose CommentsPermalink





`(B) PROBABLE CAUSE- If the court finds probable cause under subparagraph (A), the protective order shall remain in effect.CommentsClose CommentsPermalink





`(C) NO PROBABLE CAUSE- If the court finds under subparagraph (A) that no probable cause exists as to some or all of the property, or determines that more property has been seized and restrained than may be needed to satisfy a restitution order, it shall modify the protective order to the extent necessary to release the property that should not have been restrained.CommentsClose CommentsPermalink





`(4) REBUTTAL- If the court conducts an evidentiary hearing under paragraph (3), the court shall afford the Government an opportunity to present rebuttal evidence and to cross-examine any witness that the defendant may present.CommentsClose CommentsPermalink





`(5) PRETRIAL HEARING- In any pretrial hearing on a protective order issued under subsection (a)(1), the court may not entertain challenges to the grand jury's finding of probable cause regarding the criminal offense giving rise to a potential restitution order. The court shall ensure that such hearings are not used to obtain disclosure of evidence or the identities of witnesses earlier than required by the Federal Rules of Criminal Procedure or other applicable law.CommentsClose CommentsPermalink





`(c) Third Party's Right to Post-Restraint Hearing-CommentsClose CommentsPermalink





`(1) IN GENERAL- A person other than the defendant who has a legal interest in property affected by a protective order issued under subsection (a)(1) may move to modify the order on the grounds that--CommentsClose CommentsPermalink





`(A) the order causes an immediate and irreparable hardship to the moving party; andCommentsClose CommentsPermalink





`(B) less intrusive means exist to preserve the property for the purpose of restitution.CommentsClose CommentsPermalink





`(2) MODIFICATION- If, after considering any rebuttal evidence offered by the Government, the court determines that the moving party has made the showings required under paragraph (1), the court shall modify the order to mitigate the hardship, to the extent that it is possible to do so while preserving the asset for restitution.CommentsClose CommentsPermalink





`(3) INTERVENTION-CommentsClose CommentsPermalink





`(A) IN GENERAL- Except as provided in subparagraph (B) or paragraph (1), a person other than a defendant has no right to intervene in the criminal case to object to the entry of any order issued under this section or otherwise to object to an order directing a defendant to pay restitution.CommentsClose CommentsPermalink





`(B) EXCEPTION- If, at the conclusion of the criminal case, the court orders the defendant to use particular assets to satisfy an order of restitution (including assets that have been seized or restrained pursuant to this section) the court shall give persons other than the defendant the opportunity to object to the order on the ground that the property belonged in whole or in part to the third party and not to the defendant, as provided in section 413(n) of the Controlled Substances Act (21 U.S.C. 853(n)).CommentsClose CommentsPermalink





`(d) Geographic Scope of Order-CommentsClose CommentsPermalink





`(1) IN GENERAL- A district court of the United States shall have jurisdiction to enter an order under this section without regard to the location of the property subject to the order.CommentsClose CommentsPermalink





`(2) OUTSIDE THE UNITED STATES- If the property subject to an order issued under this section is located outside of the United States, the order may be transmitted to the central authority of any foreign state for service in accordance with any treaty or other international agreement.CommentsClose CommentsPermalink





`(e) No Effect on Other Government Action- Nothing in this section shall be construed to preclude the Government from seeking the seizure, restraint, or forfeiture of assets under the asset forfeiture laws of the United States.CommentsClose CommentsPermalink





`(f) Limitation on Rights Conferred- Nothing in this section shall be construed to create any enforceable right to have the Government seek the seizure or restraint of property for restitution.CommentsClose CommentsPermalink





`(g) Receivers-CommentsClose CommentsPermalink





`(1) IN GENERAL- A court issuing an order under this section may appoint a receiver under section 1956(b)(4) to collect, marshal, and take custody, control, and possession of all assets of the defendant, wherever located, that have been restrained in accordance with this section.CommentsClose CommentsPermalink





`(2) DISTRIBUTION OF PROPERTY- The receiver shall have the power to distribute property in its control to each victim identified in an order of restitution at such time, and in such manner, as the court may authorize.'.CommentsClose CommentsPermalink





(b) Conforming Amendment- The section analysis for chapter 232 of title 18, United States Code, is amended by inserting after the item relating to section 3664 the following:CommentsClose CommentsPermalink





`Sec. 3664A. Preservation of assets for restitution.'.CommentsClose CommentsPermalink

SEC. 203. AMENDMENTS TO THE ANTI-FRAUD INJUNCTION STATUTE.

Section 1345(a) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in subparagraph (B), by striking `or' at the end; andCommentsClose CommentsPermalink





(B) by inserting after subparagraph (C) the following:CommentsClose CommentsPermalink





`(D) committing or about to commit a Federal offense that may result in an order of restitution;'; andCommentsClose CommentsPermalink





(2) in paragraph (2)--CommentsClose CommentsPermalink





(A) by striking `a banking violation' and all that follows through `healthcare offense' and inserting `a violation or offense identified in paragraph (1)'; andCommentsClose CommentsPermalink





(B) by inserting `or offense' after `traceable to such violation'.CommentsClose CommentsPermalink

SEC. 204. AMENDMENTS TO THE FEDERAL DEBT COLLECTION PROCEDURES ACT.

(a) Process- Section 3004(b)(2) of title 28, United States Code, is amended by inserting after `in which the debtor resides.' the following: `In a criminal case, the district court for the district in which the defendant was sentenced may deny the request.'.CommentsClose CommentsPermalink





(b) Prejudgment Remedies- Section 3101 of title 28, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1) by inserting after `the filing of a civil action on a claim for a debt' the following: `or in any criminal action where the court may enter an order of restitution'; andCommentsClose CommentsPermalink





(2) in subsection (d)--CommentsClose CommentsPermalink





(A) by inserting after `The Government wants to make sure [name of debtor] will pay if the court determines that this money is owed.' the following:CommentsClose CommentsPermalink





`In a criminal action, use the following opening paragraph: You are hereby notified that this [property] is being taken by the United States Government [the Government], which says that [name of debtor], if convicted, may owe as restitution $ [amount]. The Government says it must take this property at this time because [recite the pertinent ground or grounds from section 3101(b)]. The Government wants to make sure [name of debtor] will pay if the court determines that restitution is owed.'.CommentsClose CommentsPermalink





(B) by inserting after `a statement that different property may be so exempted with respect to the State in which the debtor resides.]' the following:CommentsClose CommentsPermalink





`[In a criminal action, the statement summarizing the types of property that may be exempt shall list only those types of property that may be exempt under section 3613 of title 18.]'; andCommentsClose CommentsPermalink





(C) by inserting after `You must also send a copy of your request to the Government at [address], so the Government will know you want the proceeding to be transferred.' the following:CommentsClose CommentsPermalink





`If this Notice is issued in conjunction with a criminal case, the district court where the criminal action is pending may deny your request for a transfer of this proceeding.'.CommentsClose CommentsPermalink





(c) Enforcement- Section 3202(b) of title 28, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting after `a statement that different property may be so exempted with respect to the State in which the debtor resides.]' the following:CommentsClose CommentsPermalink





`[In a criminal action, the statement summarizing the types of property that may be exempt shall list only those types of property that may be exempt under section 3613 of title 18.]'; andCommentsClose CommentsPermalink





(2) by inserting after `you want the proceeding to be transferred.' the following:CommentsClose CommentsPermalink





`If this notice is issued in conjunction with a criminal case, the district court where the criminal action is pending may deny your request for a transfer of this proceeding.'.CommentsClose CommentsPermalink

TITLE III--ENVIRONMENTAL CRIMES RESTITUTION

SEC. 301. SHORT TITLE.

This title may be cited as the `Environmental Crimes Restitution Act of 2007'.CommentsClose CommentsPermalink

SEC. 302. IMMEDIATE AVAILABILITY OF RESTITUTION TO VICTIMS OF ENVIRONMENTAL CRIMES.

Section 3663(a)(1)(A) of title 18, United States Code, is amended by striking `or section 5124, 46312, 46502, or 46504 of title 49,' and inserting `paragraph (2) or (3) of section 309(c) of the Federal Water Pollution Control Act (33 U.S.C. 1319(c)), section 105(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)), section 9(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1908(a)), section 1423 or subsection (a) or (b) of section 1432 of the Safe Drinking Water Act (42 U.S.C. 300h-2 and 300i-l), subsection (d) or (e) of section 3008 of the Solid Waste Disposal Act (42 U.S.C. 6928), paragraph (1) or (5) of section 113(c) of the Clear Air Act (42 U.S.C. 7413(c)), or section 46312, 46502, or 46504 of title 49,'.CommentsClose CommentsPermalink