Impact of the MVRA on Restitution Orders to Compensation Crime Victims

• Prior to 1996, a federal judge had discretion to make a restitution order that took into consideration the defendant's financial condition and ability to pay. The judge at sentencing was required to consider a number of factors, including the scope of the defendant's assets, the needs of the defendant's dependents, and the likelihood that the defendant could satisfy the restitution order in the future. Passage of the MVRA required federal judges to make a restitution order in the full amount to compensate the victim. The judge's only discretion is to establish a payment schedule for the restitution order.
  
  

Compensable Losses Under the MVRA

• In order to qualify for an order of restitution under the MVRA, your losses must have been caused as a direct result of the commission of the crime for which the defendant was convicted and the losses must be of the type covered by the MVRA. Prior to sentencing, you have the right to submit your claim for losses to the court in the form of written testimony called an affidavit.
  
  

Property Losses

• If the crime resulted in the loss, damage or destruction of your property, the judge can order the return of the property to you (when possible) or order a payment that equals the value of the property on the date of loss or the date of sentencing, whichever is greater.
  
  

Bodily Injury and Loss of Life

• If you suffered bodily injuries as a result of the crime, the judge can order payment to cover the cost of medical and related professional services (e.g., psychiatric and psychological treatment) and the cost of necessary physical or occupational therapy and rehabilitation, plus lost income. If the crime results in the loss of life the court may order payment of an amount equal to the cost of necessary funeral and related services.
  
  

Incidental Losses

• If you participated in the investigation or prosecution of the crime, the judge can also order payment to reimburse you for lost income and expenses incurred for child care, transportation, and other necessary expenses for you to attend any proceedings related to the offense.
  
  

Other Sources of Victim Compensation

• Compensation for losses due to federal crimes may also be found through insurance or victim funds administered by state or private agencies. These other sources of victim compensation do not preclude restitution orders and should be pursued when available.