Within the past month two people completed their 36 month terms of Supervised Release; one in the Eastern District of NC, the other in the Southern District of Indiana. In both cases their PO's asked them to sign an agreement to continue making payments towards restitution imposed by the court. Both refused to sign the document with no ill effect so far.

Does anyone know why any document like this would be necessary since a Federal judge had already ordered restitution and monthly payment amounts at sentencing?

I havent a clue, however, I bet if you contacted CenTexLyn, she would have the answer for you.
A walking encyclopedia, dictionary and telephone book all in one.
We are so fortunate to have her here to help us all out.
Good luck!
Remember Hope is a good thing, it springs life eternal.

There is no requirement to sign the agreement. In most districts, the Financial Litigation Unit of the US Attorneys Office (FLU) sends out a letter instructing an offender whose supervision is ending to continue making the monthly payments - to their office. They usually ask that a financial statement (that they send along) be filled out and returned.

One thing to keep in mind is that the FLU is not able to access Probation files.

I regularly work in the area of restitution and supervision. If you have a specific question, please email or PM me. Please do not post personal information becasue it may not be secure.

khieffer,
so what if one tells the FLU to take a hike?

p.s. thanks for all of your posts; a bunch of us really appreciate your efforts

Is it mandatory that the B.O.P collects a potion of restitution while your incarcerated or is it on a case by case basis.

Should you tell the FLU "to take a hike?" No one can give you that advice. There are many approprite responses, inncluding the possibility of no response. Because of all the variations posible, no recommendation can be made without specific and personal facts. These facts should NOT be posted here.

The Bureau requires any inmate with any financial obligation to participate in IFRP. Once in a great while - less likely all the time - a J&C Order is written in such a way that it is absolutely clear that nothing is due until supervised release (and there is clear evidence that the assesments are paid). In that rare case, I suppose that they may nt attempt any collection.

That said, I recommend that virtually eveyone agree tyo sign a contract and participate in IFRP. Participation is $25/quarter - unless the inmate works in UNICOR. Then, when they want a "new" contract - at a higher amount - there is no reason to sign it.

I regularly work in these areas and would welcome specific PMs, just don not post personal information.

Question here Howard...What reason would the FLU have in requesting financial information when supervised release has just started and an amount has already been agreed upon with one's PO (first payment in fact has already been sent)
I didn't think they got involved until nearing the end of supervised release. Again they ask for information on my income which I will refuse to give. The form is in a deposititon format and is "under oath" questions...any ideas what this is about?

Thank goodness my Sweetie doesn't have to deal with restitution after he gets home. He will have 3 years supervised release...but when he was sentenced he was only fined $100 w/o restitution. However, he was sentenced to 65 months and the $100 is already paid.

I am going to move this back to the top in hopes of an answer yet

I just finished my supervised release and and within 2 months got a letter asking to sign an "agreement" to pay 4 times the amount I was paying while on supervised release and to agree to disclose all financials, taxes, etc., essentially like still being on probation.
My lawyer told me that the Feds have no power over me other than that of a regular credit who has a judgement. If I sign the letter, however, it could give the court power to press a "contempt of court" issue should I fail to meet the agreement. Luckily I am in a situation where I do not have to work and if the Feds keep pushing me I'm just going to quit and they can file me away in the "deadbeat" file or whatever. But I'm not signing anything with them. So far my experience with their "agreements" has not fared too well for me. I wrote them a short note and returned the agreement and said that I would make a "best effort" to comply voluntarily - and that's that. We'll see what happens from here.

Piano girl, please verify the information from your attorney with others just to be on the safe side. I do believe that unlike other unsecured creditors, they can take your income tax refunds, perhaps place a judgement on your property and cause you misery in other ways.

I totally agree with you about not signing anything or giving them financial records. What is the point of being "off paper" if you are going to do that?

I never had to deal with the issue of restitution but it is becoming much more common even when the judge knows the defendant could never pay the full amount. One thing to remember is that lying to a Federal agent is a crime. Remember Martha Stewart?

Common sense dictates that just as you did, it is best not to make them any promises and to say as little as possible. Tell them you plan to speak with counsel and then shut up.

We have many people just going in who are concerned about he restitution issue. I hope others will share their recent experiences after getting released from supervision.

SusanT

I was just told by my probation officer just last week that at the end of my supervised released they could petition the judge and let him know there was still restitution owed to whoever and they could violate me and on my last day of supervision he could resentence me to 1 day and then 5 more years of probation. They can continue to collect on the money up to 20 years after the date you were originally sentenced. It seems very unfair, but perfectly legal. The debt will not go away just because you are off papers they will continue to collect 1 way or another. My attorney advised me to pay a litle more each month than what i'm ordered to and that will look good to the Judge so at the end insteed of violating me they will just take my word I will continue making good on my payments.

If jack around with the FLU, they will jack around with you right back. they will place a lien on your home, vehicles, and any other assets you may have. A restituion order has a 20-year lifetime after you are finished with your supervision. They will garnish your wages. You cannot get rid of the obligation via a bankruptcy. A contempt order can be sought against you even without signing the agreement. You already are subject to a court order (the restitution order).

If you work for yourself and they can't garnish wages, how can they collect anything more than what you pay them each month (after off paper)? I mean, seriously, if I made a descent living and sent them a few hundred a month, rented my house, leased my car, etc.......what could they do, albeit I am still being HONEST with them--- even if I was making good money

Chris, it sounds as though you'd best get your attorney to have a set dollar amount due every month instead of a percentage. You don't want to get caught up on a contempt charge based on any technicalities due to a fuzzy line between personal and company assets/income.

Thanks for the advice. I want to always be up and up with them but I want a life as well..........again, thanks SusanT