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GAO-20-676R 1 (2020-09-30)

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G      A               U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548



September 30, 2020


The Honorable Lindsey Graham
Chairman
The Honorable Dianne Feinstein
Ranking Member
Committee on the Judiciary
United States Senate

The Honorable Jerrold Nadler
Chairman
The Honorable Jim Jordan
Ranking Member
Committee on the Judiciary
United States House of Representatives

Federal Criminal Restitution: Department of Justice Has Ongoing Efforts to Improve Its
Oversight of the Collection of Restitution and Tracking the Use of Forfeited Assets

The impact of crime on victims often has significant emotional, psychological, physical, social,
and financial consequences.1 One of the goals of federal criminal restitution is to restore victims
of federal crimes to the position they occupied before the crime was committed. The
Department of Justice (DOJ) is responsible for collecting restitution payments from defendants
who have been ordered by a federal court to pay restitution as part of their sentences, and has
delegated these activities to Financial Litigation Units (FLU) within each of its 94 U.S. Attorney's
Offices (USAO).2 In certain cases where the defendant has forfeited his or her assets and no
longer has the ability to satisfy a restitution order, the USAO may make a request to the Money
Laundering and Asset Recovery Section to restore forfeited assets to the defendant's victims
pursuant to the restitution order. For an overview of the federal restitution process, see
enclosure I.

The collection of federal criminal restitution has been a longstanding challenge. In 2001, we
reported that the amount of uncollected criminal debt-of which restitution is a component-had





1Victims of federal crimes may include individuals, corporations, state and local governments, or federal agencies.
2Prosecutors in DOJ's Criminal Division and the Criminal Divisions of the 94 USAOs represent the United States in
criminal matters. For crimes that involve victims, prosecutors are responsible for identifying and notifying victims of
the case, determining victim losses in conjunction with the federal agents investigating the case, prosecuting the
matter, and negotiating the terms of plea agreements, which may include restitution. The FLUs' collection efforts on
restitution debts may include filing liens, identifying debtor assets, garnishing debtor wages, and serving notice of late
payments.


GAO-20-676R Federal Restitution


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