Pros & Cons of Making A Restitution Payment Before Your Sentencing Hearing

Pros & Cons of Making A Restitution Payment Before Your Sentencing Hearing
If you owe criminal restitution and have yet to be sentenced, have you considered the pros and cons of making a payment before your sentencing?
Conventional wisdom would tell you to pay as much as possible.
In this video, I call, “Pros & Cons of Making A Restitution Payment Before Your Sentencing Hearing", I share my experience managing criminal restitution. I also share what I would I would have done differently.
In advance of my sentencing hearing in February 2008, I made a $100,000 payment to the Financial Litigation Unit (FLU). FLU is a part of the Department of Justice. FLU is tasked with collecting restitution. If you owe money, you will hear from that at some point.
I paid $100,000 because I thought it would help me get a shorter prison sentence. In the end, I do think the payment got me a shorter sentence by at least three months, maybe six.
But what is worth it?
In retrospect, I am not so sure.
For some people, it makes perfect sense to pay as much as possible.
For some people, the payment may break them financially and it may not impact the sentence.
Since you will only get sentenced one, and never know the alternative, you must use your judgement.
My point in sharing the pros and cons is to help you better understand how it can help a sentencing. I know this process can be expensive. I want you to be informed.
In this video, I also cover how FLU attempts to collect restitution after leaving federal prison. They can be aggressive and as the case with me sue you and serve subpoenas.
I understand the value of getting out prison as soon as possible. But I also know that it may lead to a shorter sentence and you may regret parting with resources you could use to build your brand or new business.
I hope you find value in this video.
I hope you and your family are save and healthy during this difficult time in our country.
If I can be of value, feel free to call me at 818-424-2220.
Best,
Justin
P.S. I mention my friend, Mark Werksman, in this video. Mark is a fabulous white collar defense attorney in Los Angeles. His efforts saved me at least $20K in restitution. We have also had a number of clients together and I have seen him in action. If you are interviewing lawyers in LA, call Mark.
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