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  1. #1
    Join Date
    Jun 2011
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    1

    Default Federal Restitution and Spousal Income

    My question involves criminal law for the state of: Federal 10th District, Colorado

    Being indigent, I have been pro bono in the 10th District and Circuit courts since mid-2008, with one still active appeal. I face large federal restitution when I transition to supervised release in about 2 weeks. I am going to be filing for Social Security when eligible this year. My wife and I file taxes separately and I have virtually no assets. She is 63, had no involvement in the case and there is a strong possibility that she will be accepted as an 'innocent spouse' by the IRS, although that negotiation is pending. I have been unable to get a clear answer about whether her income and/or assets figure into the computation of federal restitution, either during my supervised release period or when it switches to FLU after one year. Do you know the answer?
    I'm also curious about the restitution itself. My case was a payroll tax case and I am presuming that the alleged victim is the IRS. Do they meet the statutory definition of 'victim' for federal restitution, or is this something that could be adjudicated at this point? I'm wondering if this is an issue that could have been raised by my attorneys.
    Thanks.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Federal Restitution and Spousal Income

    If in fact you mean "pro bono", discuss your situation with your lawyer. If you mean "pro se", that you're representing yourself, it makes more sense that you're asking us.

    You seem to be suggesting that the prosecution in your case has never tried to involve your wife or her assets in the case, and has not pursued her assets for forfeiture, restitution, or in any other manner since the charges were filed. If that's the case, I would expect that to continue. I'm not sure if your offense has something to do with taxes or if you're simply referencing the approach taken by the IRS to your unpaid tax obligations; if it's the latter, your tax obligations and any associated determination that your spouse is an 'innocent spouse' has no bearing on the criminal case.

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