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Criminal Matters: Remand to Custody, Restitution, and Forfeiture

Remand to Custody:

With regard to any change of plea, if the matter involves an offense triggering a remand to custody under 18 U.S.C. § 3143 upon acceptance of the plea, the Defendant, if released on bond, must come to the hearing prepared to go into the custody of the United States Marshal. If the parties intend otherwise, or if either side plans to file a motion on the issue, the parties must so advise the Court at least three days prior to the change of plea hearing by calling the Courtroom Deputy. If the Defendant is subject to remand as described, the Government shall also advise the United States Marshal at least three days prior to the change of plea hearing. 

 

 

Restitution and Forfeiture:

The Court will not enter judgment in a criminal case absent full victim and restitution information and, if applicable, an agreed order or other resolution regarding any outstanding forfeiture issues.

 

With regard to all sentencing proceedings, pursuant to 18 U.S.C. § 3664(d)(1), if restitution is being sought, 60 days prior to the sentencing date, the Government shall provide the Probation Office and the courtroom deputy an electronic standardized spreadsheet (available on the Court’s website) with a list of victims and their full current contact information.  This list shall include any amounts subject to restitution.  If the Government is not able to provide the full victim list 60 days prior to sentencing, they shall file a motion to request an extension of time to compile the information, to the extent permitted by 18 U.S.C. § 3664(d)(5). 

 

If the Mandatory Victims Restitution Act of 1996 applies (or similar provision requires mandatory restitution), the parties shall ensure compliance with the requisite procedures, including those set out in 18 USC § 3664 and, if the Government does not intend to pursue restitution at sentencing, it must confirm in its sentencing memorandum that it has complied with any obligations to inform the victims of their restitution rights, including pursuant to 18 USC §§ 3663A and 3664, and establish that the victims have clearly renounced a right to restitution.  

 

In every case, the Government shall ensure that all disputes concerning forfeiture are resolved prior to sentencing.  If appropriate, the Government shall move for a preliminary forfeiture order prior to sentencing and submit a proposed order to the Court’s proposed order inbox.

 

 




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