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Federal System News, Events and Legal Issues News & Events relating to the U.S. Federal Bureau of Prisons, U.S. Courts, Department of Justice and any legal questions you may have dealing with the Federal system.

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Old 09-07-2017, 07:17 PM
mom&pop mom&pop is offline
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Default Understanding a Federal Judgement

My son has served his 12 1/2 years for a drug conviction (first time, non-violent conspiracy to sell marijuana offense). In addition to the lengthy sentence his plea agreement included seizure of all his assets, as well as a $6Million Judgement. Out of prison for 3 yrs now the feds are calling, wanting financial statements, will not entertain the thought of a settlement. My son will NEVER in this lifetime be able to pay the $6M, they took everything he had, and though he has a decent job finally it is contract work, pay depends on season and amount of work available, he has a fiancee and a v young child. They will never be able to marry as the Govt could seize everything they jointly own, or that is even in just her name. Any advice or info on how he should proceed?
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Old 09-07-2017, 07:25 PM
sidewalker sidewalker is offline
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Hey Mom&pop, I moved your post to the legal section so hopefully someone with better knowledge than I can help direct you how to proceed.
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Old 09-07-2017, 08:29 PM
CenTexLyn CenTexLyn is offline
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Property that is solely in the spouses name should be exempt. However, I am guessing that when he was released, he got the speech about making payment arrangements. He knew he had an obligation to offer up the financial information. And no, the federal government is not like a creditor that you can negotiate a lesser amount to settle and be done.

I don't get many clients with federal issues, but there have been many posts around here about people that had to deal with the financial unit.
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Old 09-08-2017, 06:30 AM
fbopnomore fbopnomore is offline
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If he decides to marry, the state where the marriage takes place can make a big difference in his collection exposure. Community property states assign one half of everything to each spouse, so what was his can become jointly owned.

If that is ever in his plans, he needs to understand what a marriage can mean for his lifetime restitution obligation. A lawyer may be able to protect the wife's pre-wedding assets from seizure, but it isn't something to leave to chance or to a federal judge.
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Old 09-08-2017, 09:24 PM
bellisq bellisq is offline
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One thing that helps is that after the Pre-Sentence Report is completed, there is no legal recourse for the government to demand the spouse's financial information. They can see information that is public, like the transfer of property. But that's it. I am not aware of how community property can play out, but consulting a family lawyer (perhaps in conjunction with a good federal defense attorney) could be helpful, as could a pre- or post-nuptual agreement.
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