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Louisiana Follow-up Letter to Bank regarding Restitution Offer in Bank Fraud Case

State:
Louisiana
Control #:
LA-5359
Format:
Word; 
Rich Text
Instant download

Description

This is an example of a letter from an attorney to a financial institution or other business regarding a client he is representing in a bank fraud case. The attorney states that restitution funds have been made available and being held in a trust fund pending disbursement. He requests that the business inform his office of the amount of which it were deprived by the client=s actions, inclusive of any bank penalties, fees, costs, etc.
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FAQ

In a Nutshell: A Harvey waiver is an agreement by defendant to waive any objection to restitution being calculated based on dismissed charges and charges that defendant was conviction for in a case with the intention by the prosecutor and court that the victim will receive restitution in full.

Generally, federal restitution cannot be discharged with bankruptcy.However, there are some ways that a person may be able to reduce the amount of federal restitution that he or she may be required to pay.

You can't get out of paying it. The money is owed, whether the victim gets all of it from you or some from each of you.

If you don't pay the restitution, the Court may have several options including revoking your supervised release or probation, holding you in contempt of court, or converting your restitution amount to a civil judgment against you.

You can go to the court directly and ask the judge to forgive (vacate or dismiss) or reduce your debts. If you get your conviction dismissed, the court can forgive any remaining fines and fees you owe, including restitution fines (but the court CANNOT forgive your victim restitution).

The Order for Restitution An Order for Restitution can be made up to two years after a conviction or up to seven years after a victim claims financial support.

In most cases, restitution is ordered as part of probation or another form of supervision. This means that failing to pay will be considered a probation violation. Any time you fail to do something required as part of the terms of your probation, you could be re-arrested and ordered to a probation violation hearing.

Failure to make your restitution payments may be a violation of the terms and conditions of your probation. If you do not pay your restitution fine and/or order, money may be garnished from your paycheck or bank account.

The base amount of restitution ordered typically cannot be waived. Any interest that collects can be waived.

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Louisiana Follow-up Letter to Bank regarding Restitution Offer in Bank Fraud Case