white collar restitution
Miami, FL
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Posted 12 months ago in Federal Crime
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What happens if a federal restitution victim of a white collar crime is no longer an entity (bank) they are gone and I am not sure my payments are even going to the victim any longer. Can I stop making payments?
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Answers (3)Hamilton Philip Lindley
This attorney is licensed in Texas.
Posted 12 months ago.
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You cannot stop making payments on your own. But you can petition the court to change the terms. Any excess money goes to the government (of course!)
Joseph H. Wolenski III
This attorney is licensed in Florida and 1 other state.
Posted 12 months ago.
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Even if the bank is gone, you will still have to make your restitution payments. The payments could still go to the creditors of the bank, shareholders, etc., who are still owed money though the bankruptcy courts.
Peter J Tomao
This attorney is licensed in Dist. of Columbia and 1 other state.
Posted 4 months ago.
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The answer to your question depends on what the restiution order says and what happened to the bank. It is likley that the bank is not totally "gone" and that another bank or the FDIC is entitled to collect restiution from you. In any case, you should consult with an attorney. There may be an opportunity to negotiate a modification of the order which is beneficial to you and the bank's successor. First step would be to contact the attorney who represented in court. If you need another attorney check with the bar assocaition in your state or county, they are likely to have e lawyer referral service.
Disclaimer - This response is for educational purpoese only and does not constitute legal advice. No attorney-client relationship is created or should be inferred from this response.
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