Is there a statute of limitations on determining victims for restitution in a federal case?
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Is there a statute of limitations on determining victims for restitution in a federal case?
I was ordered to pay nearly $400,000 in restitution in a wire fraud case. The victims were listed as unknown due to the loans being sold several times. I have now been on probation for 2 years and it has been nearly 3 since sentencing and 5 since the crimes. No victims have been determined still yet I keep having to pay restitution. Is there a statute of limitations on how long they have to make this determination and if so what is my next step?
Asked on August 5, 2011 Minnesota
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A statute of limitations only applies to the crime, not the sentence. So no, there is none here. I can only answer this or give guidance in light of New York State law. In New York the victims would have to be identified in order for the restitution to be ordered. Minnesota must have a different statute. So I would consult with an attorney in your area. Maybe it would be possible to pay it in to the court or a fund named for the victims but then who would be in charge of administering it would be a problem. Seek help here. There has to be a solution. You can not be held in probation limbo forever. Good luck.
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