Richmond The Victim Suffered Personal Physical Injury Or Death As A Result Of Criminal Acts

According to the Act, a victim is “a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia.” § 3771(e). The “directly and proximately” language mirrors the language of the Mandatory Victims Restitution Act, 18 U.S.C. § 3663A(a)(2). However, it expands the definition of victim in 42 U.S.C. § 10607, “Services to Victims,” which allows such services only for those who suffered “direct physical, emotional, or pecuniary harm.” 42 U.S.C. § 10607(e)(2).

Definition of Victim for Purposes of § 3663A. Mandatory restitution to victims of certain crimes
Release date: 2004-08-06

(1) Notwithstanding any other provision of law, when sentencing a defendant convicted of an offense described in subsection (c), the court shall order, in addition to, or in the case of a misdemeanor, in addition to or in lieu of, any other penalty authorized by law, that the defendant make restitution to the victim of the offense or, if the victim is deceased, to the victim’s estate.

(2) For the purposes of this section, the term “victim” means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant’s criminal conduct in the course of the scheme, conspiracy, or pattern. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, may assume the victim’s rights under this section, but in no event shall the defendant be named as such representative or guardian.

Q. Case Status: Who do I contact with regard to the status of the defendant(s) and each of their cases?

A. First, please always check the United States Attorney’s website to receive the most updated case status, as well as the FAQ - Q & A Section. This will ensure a quicker response than by calling the United States Attorney’s Office. Some of the cases are so large and since there is only one person handling victim/witness matters, it may take some time to return your calls, emails and letters. If your questions are not answered through the website, please feel free to contact Kim Anderson, Victim/Witness Specialist either by email, mail, or through the telephone numbers listed on the Richmond Contact Information page of this site.

Q. Restitution: How and when will I receive restitution in my case?

A. If restitution is ordered in your case (and in most cases it will be if your loss is a financial loss directly related to the crimes the defendant in your case has committed – ultimately, however, it is a decision made by the United States District Court Judge), then the defendant will be ordered by the Court to pay restitution, owed immediately. If the defendant does not have any assets to pay the restitution, then he/she will be ordered to begin paying within 60 days of supervised release (which begins immediately after the defendant is released from prison). Generally, the Court orders that the defendant must pay a certain percentage each month of his/her gross income. The defendant will pay the Clerk of the United States District Court and then you will be paid by check from the Clerk’s Office. (Note: Defendants do not have victims names and addresses – this information is confidential and only the investigator, the prosecutor and the Court has this information). You may check the Bureau of Prisons website once the defendant has begun serving his/her sentence  to obtain the defendant’s release date. If you do not begin receiving restitution payments within three months after the defendant’s release from prison, you may want to contact the United States Attorney’s Office, as this may mean that the defendant has violated his/her supervised release.

Q. Change of Address: What happens if my address, telephone number or other contact information has changed?

A. If your contact information has changed, please notify both the United States Attorney’s Office - Victim/Witness Specialist and the VNS Call Center immediately at the addresses or telephone numbers provided on the Richmond Contact Information page of this site.

Q. Crime Victims Rights: What are my rights as a crime victim in a federal criminal case?

A. Please see the Victims’ Rights Information page of this site.

Q. Counseling: What if I decide that I want to seek counseling due to the emotional impact the defendant(s) crimes have had on me?

A. Please contact the United States Attorney’s Office - Victim/Witness Specialist and she will provide you with a list of counselors in your area.

Q. Out-Of-Pocket Expenses: What if I have out-of-pocket expenses resulting from the crimes committed?

A. According to the Criminal Injuries Compensation Fund in the Commonwealth of Virginia, you may qualify for compensation if:

The crime was committed in Virginia or a country where Virginia residents are not eligible or as a result of a terrorist act;

The crime was reported to a law enforcement agency within 120 hours (unless good cause can be shown for not doing so);

The victim suffered personal physical injury or death as a result of criminal acts;

The victim suffered emotional injury as a result of a felony;

The victim cooperated with law enforcement agencies and the courts;

The victim was not engaged in any illegal activity at the time of the crime;

The victim did not provoke, incite or willingly take part in the incident;

The claim is filed within one (1) year from the date of the crime, unless good cause can be shown for late filing. [For crimes occurring prior to July 1, 2001, the filing time may be extended for a period not exceeding, under any circumstances, two years after such occurrence];

The claimant paid or is liable to pay the funeral bill of a victim;

The claimant is a surviving family member who suffered emotional injury due to the homicide of a parent, spouse, sibling, child, or grandchild;

The claim has a minimum value of $100.

Compensation Cannot Be Awarded For:

Pain, suffering, or property loss. (Prosthetic devices are not considered property);

Injuries resulting from vehicular accidents. (Except victims of drunk drivers);

Attorney’s fees;

Losses covered by insurance, public funds, or estates.