Restitution is often imposed to compensate crime victims for their losses. Done correctly, it can help victims recover and allow offenders to move on after serving their sentence.
However, defense attorneys sometimes overlook restitution issues, resulting in burdensome payment orders. These can extend prison time and hinder reintegration after release, making restitution effectively a lifelong punishment.
So, in Episode 106 of Set for Sentencing, we welcome back Ashley Adams, a former united states attorney and incredible white collar criminal defense attorney in Phoenix, AZ. Together, we take a deep dive into the wonderful world of restitution.
IN THIS EPISODE:
- Exemptions under state law don't necessarily apply with the feds;
- The "20 year rule" for restitution orders;
- Negotiating restitution issues in the plea negotiations;
- Whether and how a payment schedule can be modified;
- What happens when you catch the "FLU", or rather the "FLU" catches you (i.e. what does debt collection look like with the Financial Litigation Unit of the DOJ;
- The ins and outs of the "Inmate Financial Responsibility Program"
- Navigating probation or supervised release with a restitution order;
- Vulnerability of a spouse's assets in a "community property" state;
- Charging orders in partnerships;
- The government going after kids' college funds;
- Whether and how the government can go after foreign assets.
LINKS:
https://www.azwhitecollarcrime.com/ashley-adams/
Ashley's first appearance on Set for Sentencing: Episode 7: Stories from the Frontlines of Justice -- From Prosecution to Defense:
https://youtu.be/z9NmDSInn6s?si=4A1DMpO4jNsTu861
My MUSIC! Ashley and I had a little chat about music at the end, and so I couldn't resist the opportunity to plug my new album, ONE GOOD THING. It's available on all streaming services, including Youtube. I also just released the record on vinyl. Hit me up if you want a copy. Otherwise, here's the YouTube page for the record:
https://www.youtube.com/playlist?list=OLAK5uy_kyVV0Qs1xMGqXQYZlzHzBgUlA7A35aENI
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