111.
EOUSA Criminal Fine Responsibilities
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The Executive Office for United States Attorneys (EOUSA) is
responsible for establishing policies and procedures for the collection of
criminal fines which includes fines, assessments, penalties, interest,
restitution, bail bond forfeitures, and court costs in criminal cases. See
28 C.F.R. §§ 0.22 and 0.171;
USAM 3-12.100. The Criminal Division of the Department of Justice
remains responsible for establishing policy concerning the imposition of
criminal fines.
Pursuant to this delegation of authority, EOUSA is responsible for the
following functions:
- Establishing Department of Justice policy and procedures on
criminal fine collection issues, interpreting criminal fine collection laws,
and proposing Department of Justice legislation relating to criminal fine
collection;
- Establishing guidelines, including the establishment of monetary
limits, for the compromise or closing of those criminal debts which may be
compromised or closed (i.e., appearance bond forfeiture judgments, interest
and penalties);
- Providing advice and guidance to the Department of Justice and the
United States Attorneys on criminal fine issues, particularly those which
present significant, complicated or novel issues;
- Providing support and assistance to United States Attorneys and others
in order to enhance criminal fine collection;
- Coordinating with the Bureau of Prisons, the Administrative Office of
the United States Courts, the various Offices of Inspectors General and such
other government entities that may be involved in the enforcement of
criminal fines in order to enhance criminal fine collection;
- Preparing and distributing to Department of Justice attorneys and
support personnel materials on policy and procedure designed to maximize the
collection of criminal fines;
- Providing training on federal criminal fine statutes and collection
issues;
- Developing sample briefs and pleadings; and
- Performing such other functions as may be necessary for the efficient
and effective collection of criminal fines.
The Financial Litigation Staff of the Executive Office for United States
Attorneys is charged with implementing the functions delegated to EOUSA
concerning the collection of criminal fines, which are set forth above.
[cited in USAM 3-12.100]
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