Legal Question in Criminal Law in Florida

I have about six months left to serve on a five year federal probation. I was never incarcerated.

The victim was the federal government (overpayment of benefits)

The restitution amount was $88,000, and I have roughly $30,000 remaining due.

I have not had any trouble while on probation, and have been paying over $1300/month restitution through a voluntary garnishment.

Here�s my problem.

I lost my job in January, and have been struggling to find steady employment since. I�ve been doing anything I can to bring in money, and have recently found a semi-steady opportunity as a 1099 employee. If I do well, I will convert to full-time in the next month or so with a pretty good bump in pay. But since January, I haven�t brought home more than $2,000 in any given month. I lost my home, and my wife and I are temporarily living with relatives.

I have kept in touch with my PO throughout, and they have been understanding, I have not made any restitution payments in several month, and I know that can�t continue much longer.

My question:

I have $31,000 in my 401(k) account. The government has a lien on it, so I cannot access it.

Given my current financial situation, and where I am in completing my sentence, do you think there�s any chance that the government would be willing to accept a settlement for the remaining restitution owed (say, we split the money in my 401(k))? If so, how (and to whom) would I make that proposal?

That 401(k) is all the money I have in world. I assume that until I have completed my restitution � even after I am off probation - the government will always prohibit access to it.

Any assistance/suggestions would be appreciated.

Thanks


Asked on 7/11/14, 9:35 am

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

The short answer is no, the government will not negotiate on restitution.

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Answered on 7/11/14, 2:57 pm


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