federal restitution

[antlaw]

What is the name of your state?alabama
in 1999 i pled guilty to 1 count of bank fraud. i received 30 months. i also got 5 years supervised release and restitution.
in 2001 my s.r. was revoked and i got another 17 months.
in 2004 i was released with a completed sentence... no p.o., no supervised release, nothing.
recently, u.s. attorneys office has been contacting me, threatening me w/jail for the restitution...
is this a CIVIL matter now..or can i be sent to prison for the balance owed on the restitution?
i am disabled now, and can not work... i am looking to confirm what i believe to be correct.
Thanx for all help...

 

[JETX]

is this a CIVIL matter now..or can i be sent to prison for the balance owed on the restitution?

No. The terms of your probation included restitution. The criminal matter will continue until ALL the terms are met.

 

[antlaw]

ok... but here's the thing...i did 30 months in prison...then was out for 1 year, only to be violated... then i did another 15 months... after the 15 months i received a completion of sentence from BOP...
so...
if i no longer have a P.O., nor have to report into probation office... then how is the case still ongoing???
my bank fraud involved a bank, and the bank was the victim...
so... now that the sentence has been completed, IF the bank still wants further restitution...isn't it NOW a CIVIL matter?
If you still say NO... please explain... i have some legal knowledge, and all my research thus far leads me to believe this is a civil matter now.

Thanx for the assist...

 

[JETX]

ok... but here's the thing...i did 30 months in prison...then was out for 1 year, only to be violated... then i did another 15 months... after the 15 months i received a completion of sentence from BOP...
so...
if i no longer have a P.O., nor have to report into probation office... then how is the case still ongoing???

Because you have NOT completed the terms of your probation!! DOH!!!

my bank fraud involved a bank, and the bank was the victim...
so... now that the sentence has been completed, IF the bank still wants further restitution...isn't it NOW a CIVIL matter?

Though they can certainly pursue their claim in civil court, they can also file a complaint with the local prosecutor who could 'realize' that the complete terms of your probation/restitution have NOT been met. Bottom line.... the FULL terms of your probation have NOT been met.... and your probation can still be revoked due to YOUR violation.

But, go ahead and do what you want. After all, you're only dealing with the federal prosecutors!!

 

[antlaw]

i see that there is a problem with actually "reading" the replies...as i said i AM NOT ON PROBATION ANYMORE!!!
for the past year i have NOT had a P.O. or anything. All my ties to gov't has been severed...except these pesky letters...
now...if we are on the same page could you please answer the questions presented... that now that i am OFF probation, OFF supervisev release...OFF anytype of MONITORING by any agency... what am i in danger of from the U.S. Attorney's office?
i thank you for your answer to the question asked...

 

[JETX]

i see that there is a problem with actually "reading" the replies...as i said i AM NOT ON PROBATION ANYMORE!!!

See, there is your problem. Though the 'supervision' portion may be completed.... the full terms aren't..... so your probation is NOT over!! (Pretty simple, huh?). This is pretty much evidenced by your being contacted by the US attorney. I would think that they, with FULL access to your file, would have a pretty good handle on whether your probation is truly over or not. Certainly more than any of us... and probably more than you.

what am i in danger of from the U.S. Attorney's office?

Hmmmmm, could it be that you have NOT completed the terms of your probation???

 

[antlaw]

ok...try this...pursuant to 18 U.S.C. 3614(c), it states that no defendant shall be incarcerated solely on the basis of inability to make payments due to indigency...
so... by federal statute there is NOT alot that could be done to me at this point...
further... 18 U.S.C. 3614(a) states that the court MAY resentence a defendant to any sentence which might have been originally sentenced.
therefore...if I have served any sentence which MIGHT HAVE, AND COULD HAVE been sentenced... what else can they do to me???

but... i think i should petition the court myself, and take the ball out of the u.s.attorney's court...

whatta think about that???

waitin' anxiously for the next installment of our little encounter...

 

[JETX]

whatta think about that???

I think you need to:
1) Learn that the citation you made has NOTHING to do with restitution, and
2) That your probated sentence is probably NOT the original sentence as rendered by the court and that if you fail to meet the terms of the probation, including restitution, you can be ordered to complete the ORIGINAL sentence.

In any case, for specifics as to your case, contact your defense attorney.

 

[antlaw]

well well...it appears YOU JETX don't know your facts... the citation DOES apply to restitution and the finding of someone in default of a restitution order... and IF i said i had been to prison already on the original sentence...and on the violation ofd supervised release..FOLLOWING MY RELEASE FROM PRISON...what part of this YOU cannot comprehend???
GUESS WHAT?
I AM a paralegal...and i really wanted to see how correct the advice given on this site was... i see some of you just use this to belittle and demean folks...
ya know...not every1 is "stupid" or "simple"..and you should remember this in your dealings with others...later

 

[JETX]

well well...it appears YOU JETX don't know your facts... the citation DOES apply to restitution and the finding of someone in default of a restitution order... and IF i said i had been to prison already on the original sentence...and on the violation ofd supervised release..FOLLOWING MY RELEASE FROM PRISON...what part of this YOU cannot comprehend???

I 'comprehend' plenty.... and you don't have ANY idea of what you are talking about. After all, you think that the 'assumption' that you have completed the supervision and/or incarceration of your probated sentence waives your obligation to fulfill all the terms of your probation (restitution). Simply, unless you get a court order stipulating waiver, your probation is NOT completed.

GUESS WHAT?
I AM a paralegal

Yeah, right!! With your poor grammar, lack of proper punctuation, and first admission "in 1999 i pled guilty to 1 count of bank fraud".... I doubt any paralegal certification board would admit you..... that is unless you meant to say that you are a 'paralittle'.

and i really wanted to see how correct the advice given on this site was... i see some of you just use this to belittle and demean folks...
ya know...not every1 is "stupid" or "simple"..and you should remember this in your dealings with others...later

Yeah, right!!! You simply decided to post all kinds of crap on this board as a 'test'???
ROTFLMAO!!

 

[antlaw]

ok...1st of all... i NEVER said my sentence was probated...obviously you know nothing about federal sentencing guidelines...so let me educate you...
in the federal system...you go to prison...then you go on supervised release.
although supervised release and probation is essentially the same thing... 1 is PRIOR to going to prison, and the other is AFTER you get out.
so... do you understand now???

I started to just let this go... but ignorance, and just plain rudeness gets to me.

OH..and YES one CAN be a para-legal, hell even a LAWYER, with a conviction...but, don't take my word on it...look it up!

anyway... at times this site can be very helpful...but it's ignorant folks like yourself which makes a good resource...bad!

as my man Ice Cube once said..."you need to check yo' self"

that's "ebonics" for ya...

later...fool

 

[JETX]

as my man Ice Cube once said..."you need to check yo' self"

Pretty much tells me everything I need to know about you..... and that you got to know Bubba really well in prison!!

One huge difference between us... you are a convicted felon... I'm not.

I would say to 'kiss my ass', but you would probably be all to glad to do it!! Kind of reminds you of 'home', huh??