Restitution & Fines

Federal criminal statutes and the U.S. Sentencing Guidelines provide for mandatory fines and restitution in most criminal cases, subject to a defendant’s ability to pay, and the government has an arsenal of collection remedies for unpaid fines and restitution orders.

Few criminal defense lawyers have a detailed grasp of these statutes and the voluminous case law interpreting them. At David B. Smith, PLLC, our team includes attorney David B. Smith, a recognized authority on the law governing criminal restitution and fines in the federal courts.

Litigating a Wide Range of Fine and Restitution Issues

Our attorneys frequently act on behalf of defendants in litigation over criminal fines (18 U.S.C. § 3572), the Mandatory Victims’ Restitution Act (18 U.S.C. §§ 3663A-3664), the Crime Victims’ Rights Act (18 U.S.C. § 3771) and forfeiture-related matters. Common issues include:

  • The defendant’s ability to pay a fine or make restitution
  • The failure of the defendant to disclose income or assets to the Probation Office
  • Modification of fines and restitution orders
  • Efforts by the government to collect on delinquent payments
  • Questions regarding who is a victim for restitution purposes
  • Calculation of the victim’s compensable pecuniary loss resulting from a crime
  • Rights of spouses and other third parties in property

Mr. Smith’s widely used two-volume treatise, Prosecution and Defense of Forfeiture Cases (2016), covers the law of fines and restitution extensively, and our firm frequently receives referrals from other law firms in this area. Based in Alexandria, Virginia, and New York City, we handle federal cases nationwide. Call us or request a consultation today.