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112.

Criminal Fine Collection Procedures—United States Attorney Responsibilities

See also USAM 3-12.200.

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 impositions.

  • 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]