Criminal Fine Collection ProceduresUnited
An effective criminal collection program systematically enters monetary
impositions arising from a prosecution into the Financial Litigation Unit's
case tracking system, locates the debtor, secures accurate and complete
financial information, and enforces the judgment by arranging and
supervising appropriate payments or legal action to satisfy the debt. To
accomplish this task, the Financial Litigation Unit personnel must, at a
minimum, do the following:
- Enter into the case tracking system in a timely fashion all
monetary impositions referred for enforcement by the court. This includes
debtor information, such as name, Social Security Number, court number, and
date of offense.
- As soon as the criminal debt is entered into the case tracking system,
send a demand letter to the debtor. This should be followed by delinquency
and default notices in accordance with 18 U.S.C. § 3612.
- Assess penalties in accordance with 18 U.S.C. § 3612.
- File a notice of lien pursuant to 18 U.S.C. § 3613.
- Obtain information of all appearance bond forfeitures from the
prosecutor or clerk of court and move them promptly to judgment.
- Obtain information concerning the debtor's financial status.
- Enforce all criminal debts, in particular orders of restitution, to the
fullest extent of the law.
- Maintain contact with the United States Probation Office regarding the
debtor's compliance or failure to pay the fine or restitution.
- Enter payments promptly into the case tracking system.
- Evaluate and select cases to be placed in suspense, remitted, closed or
compromised pursuant to Department of Justice or district policy.
- Sponsor an annual joint training session for prosecutors and the United
States Probation Office concerning the collection of criminal
- Operate under a Memorandum of Understanding with the United States
Probation Office and the Clerk of the Court outlining the functions of each
office with respect to criminal debt collection.
Each district may have special types of cases that should take priority
for enforcement purposes. Prosecutors should be made aware of these
priorities and trained to assist the Financial Litigation Unit in
accomplishing its goals.
[cited in USAM 3-12.200]