Providing Services to
Victims of Fraud:
Resources for
Victim/Witness Coordinators















July 1998
This project was supported by Cooperative Agreement No. 96-VR-GX-K002, awarded 
by the Office for Victims of Crime, Office of Justice Programs, U.S. Department 
of Justice, to the Police Executive Research Forum. The Assistant Attorney 
General, Office of Justice Programs, coordinates the activities of the following 
program offices and bureaus: Bureau of Justice Assistance, Bureau of Justice 
Statistics, National Institute of Justice, Office of Juvenile Justice and 
Delinquency Prevention, and Office for Victims of Crime. Points of view 
expressed are those of the grantee and do not necessarily represent the official 
position or policies of the U.S. Department of Justice.
Contents
Foreword *
Contents of the Resource Kit *
Acknowledgments *
I. Fraud Crime: Costs, Perpetrators, and Victims *
A. Emotional Consequences of Fraud *
B. Who Are the Victims of Fraud? *
C. Who Are the Perpetrators of Fraud? *
D. Types of Fraud *
E. The Hidden Cost of Fraud *
II. The Critical Role of Victim/Witness Coordinators in Providing Criminal 
Justice-based Services to Fraud Victims *
III. Services for Fraud Victims *
A. Emotional Support and Referrals *
B. Restitution *
C. Asset Forfeiture *
D. Civil Actions *
E. Reparation Boards and Administrative Action Review Committees *
IV. Support Services to Address Credit Problems and Prevent Revictimization *
A. Addressing Credit ProblemsStrategies for Victim/Witness Coordinators *
B. Addressing Credit ProblemsStrategies for Victims *
C. Strategies to Help Prevent Revictimization *
V. Managing Mass Victim Cases *
A. Automated Victim Notification *
B. Coordination Between Probation and U.S. Attorneys *
C. Use of Provisions Found Under 18 U.S.C. 3555, Order of Notice to Victims *
D. Toll-Free Numbers *
E. Equipment Designed for Mass Mailings *
F. Sharing of Computerized Victim Contact Data *
G. Generalized Notification Materials *
H. Private Sector Contracts *
I. Other *
VI. Networking for Effective Service Delivery *
A. Benefits of Networking *
B. Establishing Networking Connections *
C. Using Network Connections to Enhance Services to Fraud Victims *
D. Establishing a Fraud Victim Task Force *
Appendix A: How Victims of Crime Act (VOCA) Funds May Be Used to Assist Victims 
of Financial Fraud *
A. Direct Services *
B. Assistance *
Appendix B: Sample Letters *
A. Letters for Use by Victims *
B. Letters for Use by Victim/Witness Coordinators *
Appendix C: Additional Victim Assistance Resources *
A. Licensing, Reporting, and Investigation *
B. National Hotlines *
C. Victim Assistance *
D. Additional Resources *
E. State and Local Governmental Agencies, Consumer Protection Agencies, and 
Professional Associations *
Appendix D: Common Fraud Crimes and Tips for
Reducing Revictimization *
A. Most Common Forms of Fraud *
B. Other Examples of Fraud *
C. Help from Consumer Protection Agencies to Reduce Revictimization *
D. Additional Resources to Consider *
E. Samples of Fraud-Related Resources *
Appendix E: Designing Victim Impact Statements for Fraud Victims *
A. Important Considerations in Developing a VIS *
B. Sample Cover Letter to Accompany a VIS *
Appendix F: Glossary *

Foreword
As a nation, we can be proud of the thousands of victim assistance programs that 
have been established to assist the tens of millions of persons living in 
America who fall victim to criminal acts each year. Given the limited funding to 
hire staff to address the emotional, physical, and financial consequences of 
crime to all of its victims, it is understandable that the vast majority of 
program dollars have been dedicated primarily to assisting persons victimized by 
violent crime. However, each year, more than 24 million persons become victims 
of more than 38 million fraud crimes and attempted fraud crimes. Victims suffer 
very real emotional trauma and financial devastation as a result of these acts. 
Therefore, the criminal justice system, and the federal criminal justice system 
in particular, can no longer ignore fraud victims need for support and 
informational services.
Currently, victim assistance professionals have at their disposal little 
information about the emotional and financial needs of fraud victims and few 
practical resources to help them develop comprehensive assistance programs and 
services for fraud victims. Recognizing the need for the development of these 
critical resources, the U.S. Department of Justice, Office for Victims of Crime 
(OVC), and the Police Executive Research Forum (PERF) have worked 
collaboratively to produce a comprehensive resource package to enhance services 
to fraud victims in the federal criminal justice system. 
The resource kit, titled Providing Services to Victims of Fraud: Resources for 
Victim/Witness Coordinators, consists of a brochure, handbook, video, and 
guidebook. We are confident that the kit will give federal personnel who work 
with victims of fraud the resources they need to build effective, sensitive, and 
fraud-specific victim assistance programs and services.
Kathryn M. Turman Chuck Wexler
Acting Director Executive Director
Office for Victims of Crime Police Executive Research Forum
Contents of the Resource Kit 
Providing Services to Victims of Fraud: Resources for Victim/Witness 
Coordinators contains a variety of informational materials for both the victims 
of fraud and federal personnel who assist them throughout the federal justice 
process. The resource kit has been developed primarily for victim/witness 
coordinators housed in U.S. Attorneys offices. However, the resources are also 
suitable for use by other federal personnel mandated to provide services to 
victims of federal fraud crimes.
Two of the kits resources are designed for distribution to the victims of 
fraud. The remaining two are designed to help all federal criminal justice 
personnel, especially victim/witness coordinators, understand of the emotional, 
financial, and informational needs of fraud victims.
Specifically, the resource kit includes the following:
For victims and witnesses, a pamphlet titled Information for Victims and 
    Witnesses Who Report Fraud Crimes. The pamphlet, designed for distribution 
    by federal investigative agencies, provides victims with
    general information about their right to receive information about the 
        status of their case;
        a description of common emotional responses experienced by fraud 
        victims;
        answers to questions most often asked at this stage of a complaint, 
        including how to address credit problems and document financial losses; 
        and
        a list of agency referrals for additional assistance and support, 
        including credit reporting agencies, counseling services, and hotlines 
        for reporting fraudulent practices.
        For victims and witnesses, a handbook titled Rights, Roles and 
    Responsibilities: A Handbook for Fraud Victims Participating in the Federal 
    Criminal Justice System. The handbook expands on the information contained 
    in the pamphlet, covering
    victims roles, rights, and responsibilities during the criminal 
        prosecution of a case;
        the federal justice process;
        support services available to fraud victims in the federal justice 
        system;
        the emotional impact of fraud victimization;
        frequently asked questions about the process;
        national organizations and government agencies that provide services 
        regarding fraud crime;
        suggestions on how to address credit problems;
        a glossary of legal terms;
        case contact information; and
        guidelines for documenting financial losses. 
        For federal criminal justice personnel, an educational video titled Victims 
    of Fraud: Beyond the Financial Loss. The video focuses on the emotional and 
    financial impact of fraud crimes and emphasizes fraud victims need for 
    access to the criminal justice system.
    For federal criminal justice personnel, a comprehensive guidebook titled 
    Providing Services to Victims of Fraud: Resources for Victim/Witness 
    Coordinators. The guidebook contains a variety of effective program service 
    strategies, suggestions to enhance services by federal personnel to victims 
    of fraud, and referrals to outside agencies and programs that provide fraud 
    victims with services or information. Many of the suggestions contained in 
    the guidebook are already in practice in some U.S. Attorneys offices; other 
    suggested services will be new to victim/witness coordinators.
    Both the pamphlet and the handbook are provided as master print copies in the 
resource kit. Any local printer or business copy center should be able to 
customize the documents with agency logos, contact information, or artwork.
Acknowledgments
This victim/witness coordinators guide, Providing Services to Victims of Fraud: 
Resources for Victim/Witness Coordinators, became a reality through the 
dedication and hard work of one author and many contributors. Our deepest 
gratitude goes to Ellen Alexander, nationally recognized victims advocate, who 
was willing to take on the responsibility of writing major portions of the guide 
and compiling all the information. For the identification and drafting of 
portions of earlier versions of the guide, special thanks go to PERF Research 
Specialists Molly McConville and Ryan Turner. Able editing and follow-up 
research were performed by Peter Ohlhausen of Ohlhausen Research, Inc.
We also want to thank several people who helped us locate relevant information 
so that the guide would be as comprehensive and inclusive as possible: Debbie 
Deem, currently victim/witness coordinator for the United States Attorneys 
Office in Los Angeles (and formerly in San Francisco); Lisa Nerenberg of the 
Goldstein Institute on Aging in San Francisco; Hazel Heckers of the Denver 
Victims Service Center; and Jodi Bernstein of the Federal Trade Commission.
Especially important sections of the guide address Department of Justice policy 
on the separate remedies of restitution and asset forfeiture. Federal 
restitution policy became a central issue for this project, and we are indebted 
to Julie Breslow and Kristen Tolvstad of the Executive Office for United States 
Attorneys for helping us set forth an accurate description of the policy in the 
clearest and simplest terms possible. Regarding forfeiture policy, we are 
grateful for the assistance provided by Nancy Rider and Karen Vogel of the Asset 
Forfeiture and Money Laundering Section, Department of Justice, and for the 
earlier assistance of Larry Fann, formerly with the FBI Asset Forfeiture Unit, 
in drafting sample remission forms for fraud victims.
A very central project activity was the review and oversight of materials by the 
Justice Department ad hoc working group. Members of the group who have 
participated in this project for the past two years include the following: 
Linda Akwara
Community Outreach/Victim Witness Unit
Federal Bureau of Investigation
Washington, DC
Sara Aravanis
Executive Director
National Association of State Units on Aging
Washington, DC
Lisa Curtis
Director of Consumer Services
Office of the District Attorney
Denver, Colorado 
Debbie Deem
Victim/Witness Coordinator
Office of the U.S. Attorney
Central District of California
Los Angeles, California 
Donna Enos
Acting Assistant Director
LECC/Victim Witness Staff
Executive Office for U.S. Attorneys
Department of Justice
Washington, DC
Neil Gallagher
Deputy Assistant Director
Criminal Investigation Division
Federal Bureau of Investigation
Washington, DC 
Susan Grant
Executive Director
Alliance Against Fraud and Telemarketing
Washington, DC
Kim Lesnak
Assistant Director, LECC/Victim-Witness Staff
Executive Office for U.S. Attorneys
Department of Justice
Washington, DC 
Marie ORourke
Litigation Attorney
Fraud Section, Criminal Division
Department of Justice
Washington, DC 
Lynne Solien
Associate Director, Legal Programs
Executive Office for U.S. Attorneys
Department of Justice
Washington, DC
Karen Spinks
Victim-Witness Coordinator
Office of the U.S. Attorney
Eastern District of Virginia
Alexandria, VA 
Hon. Donald Stern
United States Attorney
District of Massachusetts
Boston, MA 
Dr. Richard Titus
National Institute of Justice
Washington, DC 
Kristen Tolvstad
Financial Litigation Staff
Executive Office for U.S. Attorneys
Department of Justice 
Washington, DC 
Barbara Wallace
Chief, Community Outreach/Victim-Witness Unit 
Federal Bureau of Investigation
Washington, DC
Robert Wells
Federal Law Enforcement Training Center
Glynco, GA 
Hon. Michael Yamaguchi
United States Attorney
Northern District of California
San Francisco, CA





We want to express our deep appreciation to these members of the working group, 
who reviewed the initial outline and plans for the guide and offered valuable 
suggestions for items that should be included and policy issues that needed to 
be addressed. 


Laura A. Federline Clifford L. Karchmer
Program Specialist Project Director
Office for Victims of Crime Police Executive Research Forum
Washington, DC Washington, DC
I. Fraud Crime: Costs, Perpetrators, and Victims
Fraud is an insidious crime. Commonly defined, fraud is an act in which attempts 
are made to deceive with promises of goods, services, or financial benefits that 
do not exist, were never intended to be provided, or were misrepresented. And 
each year, tens of millions of people fall prey to fraudulent schemes and 
practices. It is estimated that as little as 15 percent of all fraud crimes are 
reported to law enforcement authorities. 
The financial cost of fraud crime, to both its victims and the American public, 
is astronomical. Losses for telemarketing and direct personal marketing fraud 
schemes alone are estimated to be more than $40 billion annually. Check fraud 
accounts for additional yearly losses of at least $815 million, more than 12 
times the $65 million taken in bank robberies annuallyand these represent only 
two examples of common fraud schemes.
A. Emotional Consequences of Fraud
The emotional ramifications of fraud crime can be even more costly. Fraud 
victims often suffer
Self-blame,
    Shame,
    Guilt,
    Societal condemnation and indifference (the attitude that victims of fraud 
    deserve what they get as a result of their own greed and stupidity), and
    Isolation (when victims suffer their losses in silence rather than risking 
    alienation and blame from family members, friends, and colleagues). 
    B. Who Are the Victims of Fraud?
Not all fraud victims are greedy, risk-taking, self-deceptive individuals 
looking to make a quick dollar. Nor are all fraud victims naive, uneducated, or 
elderly. Victims of fraud come from a variety of racial, age, gender, religious, 
socioeconomic, and educational backgrounds. And smart perpetrators prey on those 
differences. For example fraudulent telemarketers often target the elderly as 
potential victims, not because they are greedy, but because they are more likely 
to
Have money, property, savings, and investments;
    Be home to receive phone solicitations; and 
    Remain on the phone longer to hear fraudulent sales pitches (due to 
    loneliness).
    Younger, educated adults may be targeted because of a
Lack of maturity and experience that would help them recognize fraudulent 
    pitches,
    Desire to increase their standard of living quickly, and
    Lack of information about financial investments or purchases.
    Other victims are targeted because of certain personality or character traits 
that may increase their risk for fraud victimization. These include 
Compassion,
    Respect for authority figures, and 
    Unsuspicious natures.
    C. Who Are the Perpetrators of Fraud?
Fraud perpetrators vary as much as the victims they target. Like their victims, 
fraud perpetrators come from every educational, geographical, racial, religious, 
gender, and socioeconomic background.
Contrary to popular belief, most fraud perpetrators are not slinky, shady 
characters who perpetrate their crimes under the cover of night. Todays fraud 
perpetrators are often trained professionals who are good at what they 
dostealing money and assets from people. Fraud criminals often do their 
homework by
Joining professional organizations,
    Participating in community events (to legitimize their schemes and develop 
    trust with potential victims),
    Keeping abreast of current events (to appear knowledgeable about 
    cutting-edge technologies, legitimate financial investments, and business 
    practices), and
    Assuming an "affinity" with their victims (emphasizing their common age, 
    culture, education, race, or financial or social status).
    Their weapon of choice is not a gun or a knife, but slick publications, 
marketing materials, prospectuses, computer and communications technology, and 
well-rehearsed sales pitches. Many fraud perpetrators use their community and 
professional credibility and respectability to con, swindle, and deceive family 
members, friends, business colleagues, and other members of the community with 
whom they have formed a relationship. 
D. Types of Fraud
Long struggles to repair damaged credit reports and repay staggering debts can 
begin with something as simple as a fraudulent phone call offering pre-approved 
credit cards, free merchandise, vacations, or credit for persons with 
less-than-perfect credit histories. 
Crimes of fraud vary. Most of us are familiar with crimes involving bogus 
vacation opportunities or fly-by-night home repair companies. However, these 
highly publicized fraudulent acts represent only a small fraction of fraudulent 
practices. The creation of new fraud schemes is limited only by the creativity 
of perpetrators, and Internet access has exacerbated the proliferation of fraud 
schemes by expanding the potential fraud audience.
Not all fraud crimes involve the direct selling of goods to customers. The 
following are some examples of common fraudulent practices: 
Advance fee schemes
    Mail fraud
    Computer fraud
    Health care
    Insurance fraud
    Pension and trust fund fraud
    Credit card fraud
    Check fraud
    Charity fraud
    Home repair schemes
    Identity theft
    Land schemes
    Embezzlement
    Securities and investment fraud (including commodities fraud)
    Telemarketing fraud
    Reverse mortgage fraud
    E. The Hidden Cost of Fraud
The ravages of fraud crimes are clearly documented. At best, fraud crimes and 
fraud perpetrators leave people distrustful of legitimate business opportunities 
and investments. At worst, fraud crimes destroy the financial and emotional 
lives of victims. But steps can be taken to reduce the risk of fraud 
victimization and to address the needs of fraud victims:
Consumers can better educate themselves about responsible business 
    practices, increasing their ability to make sound purchasing and investing 
    decisions.
    The criminal and civil justice systems can levy harsh punishments and 
    financial penalties against perpetrators, sending a clear message to other 
    fraud perpetrators that these crimes will not be tolerated.
    Society can look more favorably on victims of fraud to reduce the shame and 
    guilt victims often feel. Society can also provide responsive and supportive 
    services as victims seek to retain or regain their financial stability. 
    II. The Critical Role of Victim/Witness Coordinators in Providing Criminal 
Justice-based Services to Fraud Victims 
Victim/witness coordinators play a critical role in reducing the fear, stress, 
anxiety, and frustration that are often experienced by fraud victims whose cases 
are approved for prosecution. One effective method is to provide information 
about the justice system and offer case status updates. Another method is to 
provide fraud victims with referrals to governmental and community-based victim 
assistance programs that provide additional emotional support and, in some 
cases, financial assistance. 
Some victims experience little anxiety about participating in the criminal 
justice system and do not suffer substantial financial loss or emotional trauma 
as a result of a fraud crime. Such victims may need only minimal services from 
the victim/witness coordinator. However, other fraud victims suffer such severe 
financial and emotional devastation that a full range of victim-related support 
and information services is required. This guidebook has been developed to 
provide victim/witness coordinators with suggestions and recommendations to 
better meet the needs of those victims. Therefore, where appropriate and 
allowed, victim/witness coordinators may wish to consider providing the 
following criminal justice-related support and informational services to fraud 
victims:
Notification of case status (confidentiality permitting), including arrest; 
    subsequent bail determination; dates, times, and locations of court 
    proceedings; and information about the conviction, sentencing, imprisonment, 
    and release of the offender 
    Referrals to agencies or organizations that provide mental health, 
    financial, or social services
    Referrals to address credit repair, including creditor/landlord intervention 
    where appropriate
    Assistance in making appointments to speak with the Assistant U.S. Attorney 
    handling the case, where necessary and practical
    Information about court appearances (including the process for testifying, 
    who will have an opportunity to question the victim or witness, whether the 
    defendant will be in the courtroom, the likelihood of numerous continuances, 
    etc.)
    Courtroom tour, where practical
    Information about being placed "on call" for court attendance
    Court accompaniment, where practical
    Assistance in arranging travel to court for victims who live out-of-state or 
    who, because of age or disability, require additional transportation 
    assistance
    Assistance, where practical, in arranging child care or respite care (of a 
    dependent adult) to enable victims to attend court
    Information on reimbursement for food, lodging, and travel-related expenses 
    (if these costs are not paid directly by the government) 
    Information about submitting written victim impact statements and, where 
    permissible, orally addressing the court at sentencing
    Information about how to request and receive restitution, including 
    determining eligible losses, submitting allowable losses to the court, 
    amending restitution ordered by the court, and enforcing restitution orders 
    Information about enrolling in the Bureau of Prisons Victim Notification 
    Program, where appropriate 
    Additionally, fraud victims should receive information about the federal 
criminal justice system and victims rights in the justice process, as found 
under 42 U.S.C. 10606. Specifically, victims of a federal crime have the right 
to
Be treated with fairness and with respect for their dignity and privacy;
    Be reasonably protected from the accused;
    Be notified of court dates, unless there are material reasons why they 
    should not be present; 
    Be present at court hearings, unless their presence will materially affect 
    proceedings; 
    Speak with the governments attorney;
    Learn of the offenders conviction, sentence, imprisonment, and release; and
    Seek restitution.
    III. Services for Fraud Victims
A. Emotional Support and Referrals
The tangible cost of fraud crime is easily translated into dollar amounts. Less 
easily measured, and perhaps the most exacting cost of all, is the severe 
emotional impact of fraud crime on many of its victims. Such emotional harm can 
be caused by the victims loss of the following:
Financial security
    Family home
    Business
    Inheritance
    Childrens educational funds
    Professional or personal credibility
    Crimes of fraud are personal violations and often evoke the following feelings 
or emotional reactions among their victims:
Self-doubt 
    Betrayal
    Shock
    Anger
    Embarrassment
    Disbelief 
    Blame 
    Additionally, some victims experience such high degrees of shame, or fear about 
the loss of personal and professional respect and credibility, that they choose 
not to disclose their victimization to family members, friends, or professional 
colleagues. In some instances, an elderly or disabled victims very independence 
is jeopardized, particularly if family members react to the loss by having the 
victim declared legally incompetent to handle his or her own financial affairs. 
Also, victims family members and business associates may be financially 
exploited in a "domino effect" of fraudulent acts, resulting in increased 
feelings of guilt and blame for many fraud victims. Clearly, the impact of 
financial crimes goes deeper than the loss of just money.

1. Indicators of Emotional Trauma
Traditionally, victim service providers and mental health practitioners have 
focused on the devastating effects of violent crime. The long-term emotional 
trauma of fraud crimes is not as easily seen and measured as that of a physical 
injury, violent encounter, or continued fear for ones personal safety. However, 
some of the same physiological and emotional effects experienced by victims of 
violent crimes are also experienced by fraud victims. These are some of those 
long-term effects:
Feeling of terror or helplessness
    Rapid heart rate
    Hyperventilation
    Panic
    Inability to eat or sleep
    Loss of enjoyment of daily activities
    Depression
    Short-term effects on victims include these:
Preoccupation with the crime (thinking about it a great deal, talking about 
    it constantly, replaying the crime, wondering what they could have done 
    differently, etc.)
    Inability to concentrate or perform simple mental tasks
    Concern that other people will blame them for what has happened 
    Increased strain on personal relationships (even to the extent of divorce or 
    withdrawal of support) 
    In the extreme, fraud crimes have led some victims to attempt or succeed in 
committing suicide. 
2. Services and Support That May Reduce Victims Stress and Anxiety
The following services and support strategies are not intended for all victims, 
nor is it expected that victim/witness coordinators will be sufficiently trained 
or experienced to determine the appropriateness of, or to provide, direct 
counseling. Counseling should be provided only by mental health professionals. 
This information is provided, however, to alert victim/witness coordinators to 
some of the possible emotional service or referral needs of fraud victims. 
These are some of the general, non-therapeutic services that victim/witness 
coordinators can provide to lessen or acknowledge the emotional distress of 
fraud victims:
Expressing sorrow that the crime happened and asking how they can help
    Paying close attention to signs of psychological trauma, including words, 
    statements, or physical descriptors that imply hopelessness or depression, 
    and, where appropriate, providing referrals to mental health providers, 
    spiritual counselors, other human service agencies, or support groups, 
    especially those sensitive to the needs of fraud victims
    Determining victims emergency housing, food, and financial needs and 
    providing referrals to governmental agencies or community programs that can 
    help
    Providing referrals (including agency brochures and resources) to service 
    programs that can address the special communication needs of victims who 
    have diminished hearing, sight, or mental capacity or who do not speak 
    English 
    Inquiring about any specific fears or concerns victims may have about 
    participation in the justice process, paying special attention to victims 
    who are especially fearful that criminal justice participation may result in 
    the disclosure of the crime to family, friends, professional colleagues, 
    clients, or employers
    Supplying information about credit counseling services, which help victims 
    address credit problems and formulate repayment plans and strategies 
    Providing information to reduce victims chances of revictimization
    3. Identifying Appropriate Mental Health and Community Referrals 
Victim service professionals have long recognized the value of providing victims 
of violent crime with appropriate referrals for support and services outside the 
scope of criminal justice-based programs and services. Victims of violence 
realize numerous benefits from those referrals. Victim/witness coordinators must 
not overlook the value of similar referrals for victims of fraud. 
Much of victim/witness coordinators work to establish a comprehensive referral 
base for victims of fraud can be drawn from referral sources already identified 
for victims of other crimes. Established referral bases should include basic 
governmental and community-based programs, agencies, and other entities that 
provide general services and assistance to crime victims. Additionally, a 
comprehensive referral base should include contact information that provides the 
agency name, address, phone number, contact person, hours of operation, fees (if 
applicable), client eligibility, list of program services, etc. Categories of 
referrals include these:
Mental health counseling services (especially on a free or reduced fee 
    basis)
    Emergency financial assistance for food, shelter, medical attention, 
    utilities, and other necessitates
    Support groups
    When seeking to identify appropriate mental health and financial assistance 
referrals, victim/witness coordinators should consider the following agencies:
Governmental agencies, such as state or locally funded mental health clinics 
    and health and housing agencies, that protect and serve aged or physically 
    or mentally disabled persons, 
    Area agencies on aging
    Nonprofit victim advocacy groups, legal clinics, or volunteer programs (such 
    as those directed at the elderly) 
    Nonprofit mental health agencies
    Churches, community food banks, etc.
    Utility companies (which may defer payments, consent to payment plans on 
    delinquent accounts, or enroll qualified fraud victims in "utility-share" 
    programs)
    4. Determining Appropriate Referrals
Before referring fraud victims to a mental health agency or nonprofit support 
program, victim/witness coordinators may want to determine first that the agency 

Understands the emotional ramifications of fraud crimes (which may differ 
    from the emotional ramifications of violent crime);
    Provides services to victims of financial crimes (many nonprofits limit 
    their services to victims of violence); and
    Where possible, provides specialized programs that specifically address the 
    needs of fraud victims (such as support groups).
    Inappropriate referrals can significantly heighten fraud victims frustration 
and anxiety.
5. Additional Referral Needs
Some fraud victims have additional referral needs. For instance, some victims 
have limited access to transportation due to physical or financial restraints 
and will need transportation assistance to mental health or financial assistance 
appointments. Victim/witness coordinators will find it helpful to compile a list 
of volunteer agencies, cab companies, or community transportation services that 
provide door-to-door pickup for disabled victims or have reduced fees for 
indigent victims.
Victim/witness coordinators also play a vital role in the establishment of 
linkages between elderly victims and local governmental and nonprofit agency 
programs and services. The simple act of linking service to victim can do much 
to improve the emotional welfare of an elderly fraud victim and could reduce the 
chance for fraudulent revictimization in the future. Victim/witness coordinators 
might wish to establish links with the following types of agencies: 
Adult day centers
    Area agencies on aging
    Home nursing providers
    Volunteer programs that pair senior volunteers with senior clients
    Adult protective service agencies
    6. Locating Appropriate Referrals
Additional sources for gathering victim-related referrals include these:
Local prosecutors victim assistance units (many will have already compiled 
    an extensive referral directory)
    Victim assistance units of state attorneys general (some have funds that 
    provide victims of certain fraud crimes with financial assistance; for 
    example, Marylands Office of the Attorney General has a fund for elderly 
    victims of home repair schemes)
    Local, state, and national victim assistance networks
    Local, state, and national volunteer agencies, such as the American 
    Association of Retired Persons or local senior volunteer centers
    Interfaith administrative offices (which often maintain a registry of local 
    churches, synagogues, and other religious entities that maintain charitable 
    funds to assist community residents)
    Local and state professional licensing associations, such as the state 
    association of licensed therapists, physiologists, or psychiatrists, which 
    may be able to name members who sometimes provide counseling services free 
    or at a reduced cost
    Hospital social workers, who often maintain databases of both governmental 
    and nonprofit agencies that provide housing, medical, and financial 
    assistance to indigent or other qualified citizens
    State victim compensation programs
    Local and state law enforcement agencies 
    County, state, and federal governmental agencies, such as the Social 
    Security Administration and departments of social services, human resources, 
    housing, and transportation, which maintain registries of programs and 
    services (for example, the U.S. Department of Housing and Urban Development 
    provides housing assistance to elderly victims of certain fraud crimes)
    Local sheriffs and police chiefs, who may be members of the TRIAD program, 
    in which the local sheriff, police chief, and leaders of the older or 
    retired community work together to reduce the criminal victimization of 
    older people
    In fraud cases involving numerous victims in different jurisdictions throughout 
the nation, victim/witness coordinators should consider contacting the 
prosecutor-based victim assistance programs in those jurisdictions to learn of 
local programs and services. 
7. Assessing and Updating Referrals
The importance of gathering feedback on service referrals must not be 
overlooked. Victim/witness coordinators should learn which agencies are best 
able to meet fraud victims needs. Some programs gather referral feedback by
Telephoning victims and asking about their satisfaction with the referral,
    Disseminating written surveys to victims to learn about their satisfaction 
    with the referral agency, or
    Disseminating written surveys to referral agencies to learn about their 
    services, location, and service population.
    8. Establishing a Support Group/Counseling Program
In the past few decades, support groups addressing societal problems (gambling 
and alcohol and substance abuse), health issues, and crime-related needs have 
proven to be invaluable for dispensing emotional support, sharing information, 
and seeking solutions to address various problems. In the victim arena, 
homicide, rape, child sexual abuse, and domestic violence support groups have 
provided family members and victims with a forum in which to share common 
experiences, fears, and concerns, helping to eliminate feelings of loneliness, 
shame, and fear.
Fraud strikes victims of all age groups and characteristics. Victims are often 
linked by common experiences and reactions based on their victimization. An 
effective strategy for addressing the special needs of fraud victims may be to 
establish a support group.
One way of reaching out to fraud victims is to increase opportunities that allow 
them to help themselves. Unfortunately, many victims are too embarrassed to 
acknowledge their victimization in a group setting. Victim/witness coordinators 
may find it helpful to talk with support groups such as Gamblers Anonymous and 
Alcoholics Anonymous to learn of their strategies.
Establishing a fraud victim support group does not have to be time-intensive for 
victim/witness coordinators, especially if they bring local mental health 
practitioners and prosecutor-based victim assistance providers together to set 
up the group. One reason for involving local prosecutor-based victim advocates 
is that many fraud crimes are prosecuted at the local level, and many local 
prosecutor-based programs provide services only to victims of violence. Support 
gleaned from participation in a support group may be the only assistance local 
fraud victims receive. 

9. Expanding the Support Group to Include Family Members 
Consideration should be given to including family members and friends of fraud 
victims in support groups, as they may have experienced emotional trauma at the 
victimization of a loved one. Additionally, their participation may increase
Fraud victim participation,
    Their understanding of the emotional impact of fraud so they can better 
    support the fraud victim, and
    Overall community awareness of fraud.
    10. Conducting the Support Group
A trained counselor should facilitate support group discussions. Counselors 
should be familiar with local resources for assisting fraud victims. Issues 
which might be addressed in the session can range from preventing 
revictimization to discussing feelings such as self-blame and a loss of trust in 
others. In addition to counselors experiences, supportive listening from other 
fraud victims can help heal victims psychological wounds and rebuild confidence 
and self-esteem. 
There are a number of practical issues to consider before establishing a fraud 
support group:
Finding a meeting site (centrally located and easily accessible by public 
    transportation)
    Determining transportation needs (especially of disabled or elderly victims) 
    
    Naming the support group (for example, "Fight Against Fraud," to remove some 
    of the stigma attached to support groups) 
    Identifying discussion topics and appropriate speakers (for example, 
    addressing credit problems, tax-related consequences of fraud, or 
    participation in the criminal or civil justice process) 
    Developing a media strategy to publicize the support group (airing meeting 
    dates, times, and locations through local radio, television, and newspaper 
    community calendars or other public venues, or mailing promotional flyers to 
    local organizations, such as legal aid clinics, chambers of commerce, 
    churches, or other community gathering places) 
    Additionally, victim/witness coordinators, law enforcement personnel who 
investigate fraud crimes, prosecutors, consumer protection agencies, nonprofit 
victim advocacy organizations, and other appropriate persons should be included 
in the support sessions to provide the following: 
Training for group leaders on victim participation in the criminal justice 
    process and support services available from criminal justice personnel
    Information about the investigation and prosecution of fraud cases, 
    including realistic expectations for restitution and other avenues of 
    financial recovery and the difficulty of investigating and prosecuting mass 
    victim cases
    Referral information for emergency financial and emotional support
    Consumer protection tips and suggestions to reduce the likelihood of 
    revictimization
    Consideration should also be given to including victims who have completed their 
participation in the criminal justice process. No one knows better the emotional 
and financial toll of fraud crimes than those who have been victims in the past; 
however, care should be given to the selection of appropriate victims who can 
serve in that capacity. 
11. Locating Support Group Sponsorship
There are several avenues that victim/witness coordinators can take in 
developing fraud support groups. They may wish to work with agencies that 
already facilitate support groups. Agencies to consider include local mental 
health service agencies and nonprofit advocacy organizations.
Victim/witness coordinators may also want to solicit sponsorship of fraud 
support groups from sources not typically considered. These sources might 
include the following:
Departments of psychology or schools of social work in universities or 
    colleges, where graduate students may be willing to trade time for 
    experience
    Volunteer programs that focus on certain populations of citizens (for 
    example, senior citizen centers or action organizations)
    Consumer protection agencies, which may be willing to replicate the support 
    group in cities where they have affiliate chapters or offices
    Professional associations and licensing and regulatory agencies, which may 
    be willing to sponsor the support group to offset any reputation for fraud 
    that their business or profession may have
    Many of these agencies already produce valuable consumer protection training 
materials and fraud alerts and may be willing to make such resources available 
in mass quantities for inexpensive or free distribution to support group 
participants. 
B. Restitution 
The payment of restitution by perpetrators can mark the end of a financial 
nightmare for fraud victims. To most victims, and fraud victims in particular, 
restitution not only serves to right a wrong, it often allows victims to return 
to whatever level of financial security they enjoyed before the crime. 
However, in reality, very few fraud perpetrators actually pay restitution. Many 
perpetrators will have spent the money and have no discernible resources with 
which to repay victims. In other cases, perpetrators will have placed assets in 
the names of others or hidden money in offshore accounts. Even if the court 
orders full restitution to victims, the collection and distribution of payments 
is often difficult, especially if perpetrators are sentenced to long periods of 
incarceration. Additionally, victims not included in formal indictments are 
ineligible to receive any restitution unless their repayment is part of a plea 
negotiation. 
1. Provisions Under the Mandatory Victims Restitution Act
Restitution is commonly defined as the court-ordered repayment of victims 
financial losses by convicted defendants. The Mandatory Victims Restitution Act 
(MVRA), enacted on April 24, 1996, as part of the Antiterrorism and Effective 
Death Penalty Act, reforms federal restitution and its enforcement. The Acts 
purpose is "to ensure that the offender realizes the damage caused by the 
offense and pays the debt owed to the victim as well as to society." Several 
provisions of the law represent significant changes affecting fraud victims.
In federal crimes, such as mail or wire fraud, committed after the Acts 
enactment, the court must order restitution to each victim in the full amount of 
each victims losses, regardless of the defendants ability to pay. The only 
exceptions to this requirement occur if
The court makes a finding that the number of identifiable victims is too 
    large, making restitution impracticable, or
    Determining complex issues of fact related to victims losses would 
    complicate or prolong the sentencing process to a degree that it outweighs 
    the need to provide restitution. 
    2. Determining Restitution Awards
Most fraud cases meet the requirements for mandatory restitution. Moreover, 
under the MVRA, very little of a criminal defendants property is exempt from 
seizure for restitution. However, the following types of property are exempted:
Wearing apparel and school books
    Fuel, provisions, furniture, and personal effects up to $1,650
    Books and tools of a trade, business, or profession up to $1,100
    Unemployment benefits
    Undelivered mail
    Certain annuity and pension payments
    Workers compensation
    Judgments for support of minor children
    Certain service-connected disability payments
    Stipends earned under the Federal Job Training Partnership Act
    3. Determining Victims Losses
Losses for which courts can order restitution ordinarily include these:
Money lost directly in the fraudulent act
    Expenses for travel to and from court proceedings (except where expenses 
    were reimbursed by the government)
    Child care
    Lost wages
    Payments for medical or mental health treatment for conditions caused by the 
    crime
    Victims of fraud crimes often incur additional expenses, outside of those listed 
above. However, the court is restricted in the types of losses it can include in 
restitution orders. Financial losses that usually cannot be included in the 
restitution order include these:
State or federal taxes, including interest, penalties, or fines
    Unpaid or promised interest
    Expenses for private legal representation
    Fees for tax advisors, accountants, or other professionals 
    4. Delaying Final Orders of Restitution
In rare instances, an identified victim can request that the Assistant U.S. 
Attorney or U.S. Probation Office inform the court that all of his or her losses 
cannot be verified within 10 days of sentencing and request that the issuance of 
the final order of restitution be delayed. However, victim/witness coordinators 
should not provide victims with this option routinely, as its application can 
affect the appeals process and delay the start of the sentence. Victim/witness 
coordinators should consult, and receive approval from, the Assistant U.S. 
Attorney before they notify victims of this option. Victims should be advised 
that courts grants these delays only in the most extreme cases.
5. Amending Orders of Restitution 
Some losses may become known well after sentencing. Identified victims can 
petition the court for an amended restitution order within 60 days of learning 
of additional, qualified financial losses. An amended restitution order may be 
granted only upon a showing of good cause for failing to include the losses in 
the victims initial claim for restitution. Victims should be advised to contact 
an attorney, the probation officer, Assistant U.S. Attorney, or victim/witness 
coordinator to learn of the procedures necessary to file such a petition. 
Victim/witness coordinators should first contact the Financial Litigation Unit, 
EOUSA, or other appropriate agency before advising a victim about requesting an 
amendment. For example, in cases where provisions under newly enacted laws 
affect the standing restitution order, victim/witness coordinators should advise 
victims to seek private counsel before proceeding with a request for amendment. 
6. Collecting Information on Victims Financial Losses 
Upon the request of a probation officer, but no later than 60 days from the date 
initially set for sentencing, attorneys for the government (most often Assistant 
U.S. Attorneys) provide probation officers with a list of victims financial 
losses. These losses are included in probation officers pre-sentence 
investigative reports, which are presented to the court for review prior to 
sentencing. A pre-sentence investigative report provides the court with 
information about a defendants personal, educational, and criminal background, 
as well as specific information about the current crime, including the physical, 
emotional, and financial impact on the victim. 
Before submitting pre-sentence investigative reports to the court, probation 
officers are required, to the extent practicable, to provide all identified 
victims with this information:
Conviction of the offender, including charges
    Amounts subject to restitution, according to the U.S. Attorney
    Scheduled date, time, and place of the sentencing hearing
    Opportunity for the victim to submit information about his or her financial 
    losses (through a victim impact statement)
    Availability of a lien in favor of the victim
    Opportunity to file, with the probation officer or the court, a separate 
    affidavit relating to the amount of the victims losses subject to 
    restitution
    7. Restitution Payment Plans and Options
After reviewing the pre-sentence report and victims reported losses, the court 
determines the amount of restitution owed to each victim and establishes how 
restitution will be paid. The court considers the total amount of restitution, 
number of victims, and defendants assets when determining how restitution 
should be paid. 
Under the new MVRA, the court may order payment in these forms:
Single, lump-sum payments
    Partial payments at specified intervals
    In-kind payments (return of property; replacement of property; or, with 
    victims approval, services rendered to the victims or another person or 
    organization)
    Combinations of payments at specified intervals
    The statute seems to prefer immediate payment. If the court finds that the 
interests of justice require other than immediate payment, the payment schedule 
shall be the shortest time in which full payment can reasonably be made.
8. Restitution Based on Victims Financial Needs
If more than one victim sustains a loss requiring restitution by a defendant, 
the court may consider the economic circumstances of each victim when setting 
the order and method of payment. Victim/witness coordinators play a critical 
role in alerting probation officers and attorneys to the dire financial 
circumstances of a victim so the court can consider ordering payment to him or 
her first. If more than one defendant is convicted and contributed to victims 
losses, the court may make each defendant liable for the full payment or may 
apportion liability to reflect each defendants economic circumstances and level 
of contribution to the crime. 
Additionally, the MVRA requires that direct victims of the fraud receive 
restitution before the government (where it is also a victim) or any source of 
collateral payment, such as insurance companies or reparation boards.
9. Effects of Other Financial Recovery on Court-Ordered Restitution
A restitution award must be reduced by any amount the victim later receives as 
compensation for the same loss in a federal or state civil proceeding.
10. Changes in Defendants Economic Circumstances
After sentencing, if a material change in the defendants economic circumstances 
affects his or her ability to meet restitution obligations, the court can modify 
the payment provisions of the restitution order. Changes in a defendants 
economic circumstances can be brought to the courts attention in these ways:
By the defendant, who is required to notify both the court and the U.S. 
    Attorneys Office
    By the government
    By the victim
    After the court has been notified of a defendants changed economic 
circumstances, the Attorney General must notify victims of those changes. 
Therefore, victim/witness coordinators should advise victims to tell them of any 
address changes so the coordinators can notify the Financial Litigation Unit and 
the Clerk of Court. A defendants liability to pay restitution lasts for 20 
years from the date of the judgment or, if a defendant goes to jail, for 20 
years after he or she is released. However, the liability also terminates on the 
death of the defendant. The government is responsible for monitoring and 
enforcing the restitution order until the defendants liability terminates.
Victims should be advised that if they learn of any changes in defendants 
economic circumstances, they should notify the U.S. Attorneys Office that 
handled the prosecution of the case. 
11. Distribution of Restitution
For crimes occurring after April 24, 1996, the U.S. Clerk of Court is charged 
with the collection and distribution of restitution. It is important that 
victim/witness coordinators advise victims of their responsibility to notify the 
Clerk of Court or U.S. Atttorneys Office, depending on local practice, of any 
change in their mailing address while restitution is still owed to them, 
pursuant to 18 U.S.C.  3612 (b)(1)(6). Victim/witness coordinators should 
provide victims with the correct change-of-address forms or tell them how to 
request such forms.
12. Damage Awards Made to Prisoners
Victim/witness coordinators should be aware of a statute that may provide an 
additional avenue for the collection of court-ordered restitution for some 
victims. Specifically, the law states, "Any compensatory damages awarded to a 
prisoner in connection with a civil action brought against any Federal, State, 
or local jail, prison, or correctional facility or against any official or agent 
of such jail, prison, or correctional facility, shall be paid directly to 
satisfy any outstanding restitution orders pending against the prisoner. The 
remainder of any such award after full payment of all pending restitution orders 
shall be forwarded to the prisoner." Pub. L. 104-134, Title I,  101, 110 Stat. 
1321-77, codified as a note under 18 U.S.C.  3626.
13. Nonpayment of Restitution
Several sanctions can be imposed if the defendant does not comply with the 
restitution order. It may comfort the victim to know that the court may take 
these steps: 
Revoke the defendants probation or other supervised release.
    Modify the terms of the defendants probation or supervised release.
    Re-sentence the defendant.
    Hold the defendant in contempt of court.
    Enter a restraining order or injunction.
    Order the sale of the defendants property.
    Accept a performance bond.
    Adjust the defendants payment schedule.
    14. Suggested Victim Service Strategies
Victim/witness coordinators may wish to consider taking the following steps to 
help victims with restitution:
Inform victims of the need to collect documents that substantiate their 
    financial losses. These are some of the types of relevant documentation:
    Receipts for cash, stocks, bonds, etc.
        Bank and investment statements
        Insurance and mortgage premiums
        Money orders
        Cashiers checks
        Canceled checks
        Travel-related bills for court appearances (if not paid by the 
        government)
        Statement of lost wages from employers 
        Bills for medical services and counseling
        Other written correspondence from the defendant that would verify the 
        scheme or loss 
        Help victims complete restitution worksheets, where practical.
    Consult with prosecutors and probation officers to ensure that all 
    identified victims are listed in restitution paperwork and that the full 
    amount of restitution is ordered. 
    In cases where a plea agreement will be accepted, work with prosecutors to 
    ensure all identified victims (and where appropriate, unidentified victims) 
    are listed in the agreement, along with provisions for the payment of full 
    restitution to victims.
    Work with prosecutors to develop protocols by which to identify victims who 
    have the greatest financial need so defendants can be ordered to pay 
    restitution to those victims first. 
    Provide victims with an impact statement, explain how it will be used and 
    presented to the court, and inform victims of their right to attend and to 
    request to speak at sentencing events.
    Inform victims that all changes in address should be directed to the 
    victim/witness coordinator, who will forward them to the Financial 
    Litigation Unit and the Clerk of Court. Liens attached to the defendants 
    property may be used to satisfy the restitution debt, and these liens are 
    enforceable for 20 years from the time an offender is released from prison. 
    Provide victims with information about the procedures required to amend 
    restitution orders in the event they discover financial losses after the 
    determination of the original restitution order. 
    Remind victims of their right to request that the Clerk of Court issue an 
    abstract of judgment certifying that a judgment has been entered in favor of 
    the victim in the amount specified in the restitution order. This abstract 
    of judgment can be registered, recorded, docketed, or indexed according to 
    the rules and requirements of the state where the district court is located. 
    This abstract of judgment then becomes a lien on the defendants property in 
    the state where the district court is located to the same extent as a 
    judgment of a state court in that state.
    C. Asset Forfeiture
Federal forfeiture laws allow the government to forfeit property involved in 
certain federal crimes. In the case of fraud offenses, criminal forfeiture is 
governed by federal RICO and money-laundering statutes, and civil forfeiture is 
governed by money-laundering statutes. The laws also permit the Attorney 
General, through a designated official, to pardon (forgive) the property after 
it is forfeited and direct it to victims. Victims of federal fraud crimes may 
have a legitimate claim to this pardoned property. Due to recent changes in 
Department of Justice forfeiture regulations, victims can petition the Attorney 
General, FBI, DEA, INS, or the agency initiating the seizure to recover some or 
all of their financial losses caused by the fraud. Criminal investigations often 
include efforts to identify and seize property for forfeiture.
The federal government attempts to notify victims of their right to petition for 
the forfeited property, but because of the nature of the crime, some victims 
cannot be identified and contacted. Victims who learn of the forfeiture through 
other sources, such as the media, can still petition for return of their loss. 
Because the petition must be filed prior to the disposal of the forfeited 
property, the victim should contact and submit a petition to the agency managing 
the forfeiture as soon as possible after receiving notice of the forfeiture.
By petitioning, the victim (or "petitioner") is asking the government to return 
the money lost as a result of the fraud crime. Returning the full amount is 
called remission of the loss, while returning some is a mitigation of the loss. 
To remit, the government official must find that the petitioner did not 
contribute to, participate in, benefit from, or act in a willfully blind manner 
toward the commission of the fraud crime. Even petitioners not meeting these 
criteria will be considered for mitigation. Victims should be aware, however, 
that there is no absolute legal right to participate in the distribution of the 
forfeited assets. When the losses of victims are greater than the value of the 
forfeited property, the victims will receive a pro rata amount of the total. 
A petition for remission or mitigation of forfeiture often includes the 
following items of information:
Amount of money lost and copies of documentation to support the loss 
    Details about the crime and how the petitioner was a victim of the crime 
    Statement explaining that the petitioner played no part in the commission of 
    the crime 
    Statement that the petitioner does not have insurance or other means to 
    recover the amount of the loss sought 
    Precise description of the forfeited property 
    The petitioner should contact the federal seizing agency that investigated the 
violation or the U.S. Attorney prosecuting the case to obtain information about 
the forfeited property, such as when and where it was seized and the statute 
allowing the government to forfeit it. If the proceedings were held in court, 
the federal court and docket number should also be obtained. A sample petition 
form is included in Appendix B. Where appropriate, victim/witness coordinators 
should help victims fill out the form. References to forfeiture regulations that 
permit victims to file a petition are also included in Appendix B.
1. Case Studies 
Although forfeiture can be a slow and frustrating experience for victims, it is 
working in a growing number of cases. Consider these two examples: 
On December 20, 1990, Aaron Keith Lovett was convicted in the Western District 
of Oklahoma of interstate transportation of fraudulently obtained funds, money 
laundering, and monetary transactions in property derived from unlawful 
activity. Mr. Lovett took money from the bank accounts of Rubylea Hall, his 
nearly blind and sickly 82-year-old grandmother, by withdrawing money personally 
and by utilizing letters signed by Mrs. Hall directing the banks to close her 
accounts and release the money to Lovett. Mrs. Hall denies signing the documents 
allowing the transfer of funds. With these funds, Lovett purchased a house and 
several vehicles. Mrs. Hall filed a claim to the property bought with the 
fraudulently acquired funds. The court awarded Mrs. Hall $76,031.89, which was 
forfeited from the bank account of Mr. Lovett; a 1990 GMC pickup truck valued at 
$15,000; a GMC Suburban valued at $17,000; and real property appraised at 
$118,000.
On February 18, 1992, John G. Westine, Jr., was convicted in the Southern 
District of Ohio of wire fraud, mail fraud, money laundering, and interstate 
transportation of goods acquired by fraud. Mr. Westine, through a telemarketing 
scheme that sold shares of nonexistent oil and gas interests, defrauded numerous 
individuals out of approximately $3.2 million. He purchased several assets with 
the proceeds of his illegal activities, including a parcel of real estate in 
Malibu, California. These assets were seized in the criminal case, under 
criminal forfeiture provisions, and subsequently were forfeited. Approximately 
90 victims of the fraud filed petitions in the ancillary forfeiture proceeding. 
The final order of forfeiture ordered a sale of the forfeited assets and pro 
rata distribution to the 90 claimants. 
The following table summarizes other recent examples of successfully forfeited 
assets returned to fraud victims. These cases, retrieved from the files of the 
Department of Justice, may provide further insight into the amount of money 
victims can recover through forfeiture. In these examples, the mechanisms used 
to return funds to the victims varied, and included stipulations, plea 
agreements, and the petition for remission or mitigation process.


Examples of Forfeited Assets Returned to Fraud Victims
    Type of ScamNumber of VictimsAmount Recovered and Returned to 
            Victims
    money fraudulently withdrawn from bank accountsone$226,031.89 in 
            funds and property
    "full coverage" insurance which coal miners did not 
            receive2,500$600,000 distributed in varying amounts
    telemarketing scheme that sold shares of nonexistent oil and gas 
            companies90$3.2 million divided pro rata among the 90
    sale of cars with rolled-back odometers20$23,425 plus value of a 
            house distributed in varying amounts 
    purported purchase of luxury automobiles, never delivered to 
            customersnot availablein excess of $2,790,000
    office supply fraudnot available$3.5 million divided among victims
    loans never received in fraudulent brokering services440$250 
            returned to each ($110,090 total)
    consumer fraud scheme1,300$745,034.74 divided among victims
    bank fraud in 72 countriesthousands$600 million seized to date, to 
            be distributed to victims in varying amounts
    fraudulent billing practices in trucking companies26$75,710.90 to be 
            distributed in varying amounts
    

2. Suggested Victim Service Strategies
Victim/witness coordinators may wish to help victims gather information for 
inclusion on the petition for remission or mitigation of forfeiture. Needed 
information may be gathered from court documents, especially information that 
may not be known to victims, such as details of the crime and information on the 
forfeited property. Victim/witness coordinators should provide assistance in the 
completion of the petition for remission or mitigation of forfeiture, where 
practical. A sample petition can be found in Appendix B. 
D. Civil Actions 
Victim/witness coordinators, within the bounds of office or agency policy, are 
ideally suited to build bridges of information, knowledge, and understanding 
between crime victims and the justice process. By establishing rapport with 
victims, coordinators play a critical role in encouraging them to seek 
information about important criminal justice-related subjects, rights, and 
remedies. However, many jurisdictions, and prosecutors offices in particular, 
prohibit victim/witness coordinators from providing victims with information 
about their right to pursue avenues of civil recovery.
Prosecutors reluctance to incorporate civil recovery information in their 
victim assistance policy may come from a feeling that civil litigation is 
outside their expertise. That is understandable. However, simply providing 
information that in no way promises or implies a successful outcome, refers 
legal representation, offers legal advice, or judges the appropriateness of a 
case should not compromise the integrity of prosecutors offices or victim 
assistance personnel. 
While this section advocates sharing information on the civil justice process 
with appropriate victims, its does not suggest that victim/witness coordinators 
provide legal advice or act independently in determining the appropriateness of 
such a referral. Rather, victim/witness coordinators should act in tandem with 
Assistant U.S. Attorneys in determining if cases may in fact be appropriate for 
civil litigation, especially in cases where no criminal action will be taken.
Additionally, the information contained in this section is limited to civil 
actions initiated due to fraudulent acts. This information is not intended to be 
a comprehensive overview of the civil process; rather, it is intended to inform 
the reader of other options available to fraud victims in the recovery of 
financial losses. 
1. Civil Recovery: An Important Tool in the Recovery of Financial Losses
Today, civil courts are more disposed than ever to extend favorable 
consideration to victims remedies against perpetrators or against third parties 
whose negligence caused or exacerbated their victimization. Many of the legal 
issues involved in civil litigation remain somewhat a mystery, simply because 
the law tends to be technical and difficult for the average person to 
understand. As a result, while many victims have a general feeling that the 
legal system provides them with various rights and remedies, they may not 
understand those rights.
Knowing of their options and rights to pursue civil recovery is critical for 
fraud victims for a number of reasons:
In cases where victims will not be listed on criminal indictments, their 
    ability to recover losses in the criminal justice process is limited at 
    best. Civil recovery may be their only option for financial recovery. This 
    is especially important in fraud crimes where hundreds or thousands of 
    victims may be affected.
    In cases where the U.S. Attorneys Office declines the prosecution of a 
    case, civil recovery may be the only legal avenue a victim has to pursue 
    financial recovery.
    There is no certainty that all financial losses will be known at the time 
    criminal cases are settled and restitution is ordered. Nor is it certain 
    that judges will agree to amend standing restitution orders. Civil recovery 
    may provide victims with an additional legal avenue to collect full 
    financial losses. 
    Under the Mandatory Victims Restitution Act of 1996, only certain losses 
    can be compensated. Civil recovery may provide victims an opportunity to 
    collect losses not considered in criminal cases, such as interest; 
    penalties; fines; or fees for tax advisors, accountants, or other 
    professional services.
    Victims who have suffered great emotional trauma can seek additional 
    financial remuneration through awards of punitive damages, which are not 
    allowed in the criminal justice process.
    Because the investigation of fraud crimes can be complex and lengthy 
    (especially in cases of mass victimization or where defendants have holdings 
    offshore), victims who wish to pursue civil recovery may be excluded from 
    doing so due to statutes of limitations. Armed with information about their 
    option for civil recovery, victims can move to initiate civil actions in a 
    timely manner or petition the court to toll or stop the statute of 
    limitations. 
    Victims can consult with civil attorneys to learn if they have legal 
    standing to initiate civil actions against individuals or entities (third 
    parties to a civil action) in addition to defendants (first parties) in an 
    effort to pursue full or additional financial recovery.
    2. Overview of the Civil Process
There are several basic differences between criminal and civil actions. One 
difference is that in criminal proceedings, the state is the plaintiff because 
criminal defendants violate state laws when they injure their victims. Private 
citizens do not prosecute criminal actions. However, in civil matters, victims 
are required to initiate the actions, and such actions must be filed within a 
specified time frame (statute of limitations). Civil actions do not result in 
the incarceration of defendants but are limited to assessing monetary damages. 
Pre-trial Proceedings. To initiate a civil action, plaintiffs file a complaint 
in civil court alleging they were injured by the wrongful, unlawful conduct of 
the defendant. Defendants must respond to the allegations within a certain time 
or default judgments are entered against them. While the complaint need not be 
formal or elaborate, it must set forth enough information about the allegations 
that defendants can properly prepare a defense. 
Once a defendant has answered a complaint, the defendant may file a responsive 
pleading, asking the court to dismiss the case because of procedural 
deficiencies in plaintiffs pleadings. A lack of jurisdiction, improper service 
of process, statutes of limitations, or substantive legal defenses would be 
examples of responsive pleadings. Other examples include pleadings that no duty 
was owed to plaintiffs or that the victims losses are not the legal liability 
of the defendant. 
Defendants can file other motions that may result in the dismissal of the case 
before trial. For example, the defendant could argue that even if plaintiffs 
allegations are taken as true, the law is such that defendants cannot be held 
liable. These types of motions (called demurrers) ask the court to dismiss the 
charge through summary judgment. If the court grants such motions, the 
plaintiffs lose the opportunity to continue the case or to present evidence. 
Just as in criminal actions, the courts rulings are almost always appealable. 
After the civil court has ruled on preliminary motions, and if the plaintiffs 
case has not been dismissed due to various legal motions, pretrial preparations 
begin. Those preparations include performing legal research, investigating the 
facts and circumstances of the case, interviewing witnesses, obtaining relevant 
documents, and taking depositions from all parties to the civil action, where 
appropriate. 
Civil Trials. Once the case has been thoroughly researched, and if it has not 
been settled, it goes to trial before a judge or jury. At the trial, witnesses 
are called, and both the plaintiff and defendant introduce evidence. Often, 
evidence that is not admissible in criminal actions (such as illegally seized 
evidence) may be admitted in a civil action. 
Another difference between criminal and civil actions is that in a civil action, 
a judge or jury is only required to find the defendant responsible "by a 
preponderance of evidence" or 51 percent of the evidence presented. In criminal 
actions, the judge or jurys burden of proof is "beyond a reasonable doubt." 
If the defendant prevails, the matter is over unless the plaintiff appeals. If 
the plaintiff prevails, the judge or jury may award damages and the matter is 
over unless the defendant appeals. Judges and juries hearing civil actions have 
extremely far-ranging discretion in assessing damages and awards. As in a 
criminal action, the judge or jury can award compensatory damages to reimburse 
plaintiffs for their actual losses (akin to restitution). Unlike a criminal 
action, civil suits can go farther, as judges or juries can punish defendants by 
assessing punitive damages for the harm they have caused plaintiffs. 
Civil Judgments. Judgments are the formal recordings of verdicts and awards in 
civil actions. They are usually enforceable in the courts of other states 
through the "full faith and credit" clause of the U.S Constitution. (To ensure 
enforcement in other states, where allowed, victims are required to register 
abstracts of judgment in the counties in which they believe defendants have real 
property or holdings.) Judgments for willful and malicious acts, like most 
judgments awarded to violent crime victims, cannot be discharged (or removed) 
through bankruptcy. However, this is a complex subject, and expert legal opinion 
should be sought if the issue arises. 
3. Other Civil Recovery Options
Third-Party Civil Actions. In some cases, victims can file additional civil 
complaints against individuals or entities that may have legal culpability for 
the unlawful actions of the defendant. Such civil actions are commonly called 
third-party suits. Most often third-party suits originate when victims file a 
complaint that the third-party litigant is jointly or solely responsible for the 
defendants ability to gain access to them through willful negligence or other 
conduct that assisted or facilitated the victimization. Examples of third-party 
litigants may include banks or mortgage and insurance companies. 
Small-Claims Court. In cases where the amount of financial loss falls below a 
certain dollar amount, victims can file suit for remuneration in small-claims 
court. Because each state sets different limits on small claim actions, victims 
should seek legal counsel or contact the Clerk of Court in the jurisdiction in 
which the action will be filed to learn of actual dollar limits. Some 
jurisdictions set amounts as low as $500, while others set limits as high as 
$5,000. In many jurisdictions, plaintiffs need not be represented by legal 
counsel and can conduct the proceedings themselves. Lastly, in most small-claims 
courts, filing fees are waived if plaintiffs can show proof of indigence. Once 
again, victims should be advised to check with the Clerk of Court to determine 
specific requirements. 
4. Sources for Collection of Civil Judgments 
Winning the civil suit is only half the battle. The other half consists of 
collecting court-ordered judgments from defendants. The scope of sources for the 
collection of civil judgments is as broad as the ingenuity of those who are 
assisting the victim, most often attorneys specializing in civil actions. The 
following are some examples of sources of judgment collection; however, this is 
not an exhaustive list. Please note that many of these sources can also be 
pursued in collecting court-ordered restitution as well.
Income. Depending on individual state laws, victims and their attorneys can look 
at defendants sources of income for possible collection of judgments. The 
following sources should be considered:
Wages
    Benefits (pension payment, annuities)
    Unearned income (dividends, interest, gifts)
    Disbursals from trust funds
    Tax refunds
    Government entitlements
    Payouts from life insurance policies
    Property and Holdings. Victims and their attorneys will want to examine 
defendants property and holdings when attempting to collect civil judgments. 
These assets may include the following:
Personal property (cars, boats, jewelry, furnishings)
    Real property (home, land, rentals)
    Future interest in real and personal property through wills, trusts, etc.
    Interests in partnerships (especially doctors and lawyers)
    Bank accounts
    Financial holdings (stock, bonds, mortgages)
    All other debts owed the perpetrator 
    Windfall Assets. When attempting to collect civil judgments, victims and their 
attorneys should be mindful of unusual situations whereby defendants come into 
sums of money that no one could have anticipated. Examples of windfalls include 
these:
Lottery, sweepstakes, or other winnings
    Sudden, unexpected inheritances
    Valuable inventions or patent royalties
    Family Wealth. Some defendants, while not especially well off at the time of the 
litigation, may receive money in the future because they come from wealthy 
families. An example of future judgment collectibility might involve an 
established trust from which a defendant stands to benefit in the future. 
Insured Defendants. A significant but often overlooked option for judgment 
collection involves insured defendants: persons who are covered by insurance 
policies that may, in certain instances, provide funds from defendants 
insurance carriers with which to satisfy civil judgments. Insured defendants 
often include physicians, attorneys, investment bankers, registered security and 
commodity traders, real estate and land agents, financial advisors, accountants, 
insurance agents, etc. Three conditions must be met in order to collect from 
insurance carriers:
Defendants must be insured.
    Their policies must provide coverage for whatever they did to the 
    plaintiff/victim. 
    The insured defendant must have been found to be liable to the plaintiff, or 
    at least, the insurer must decide that settling the case will be in the 
    companys best interest.
    Insurance carriers have no desire to protect insured clients from their own 
willful, criminal behavior. Consequently, almost all policies contain exclusions 
for wrongs that are expected or intended by the insured. The insureds policy 
must be reviewed carefully by an attorney well versed in civil litigation of 
insured defendants. 
E. Reparation Boards and Administrative Action Review Committees
In certain instances, victims (known as complainants) may be eligible to seek 
financial recovery by filing a complaint with governmental or state agencies 
that regulate the actions of licensed professionals. Consumer complaints for 
losses caused, in the opinion of the victim, by improper actions or conduct on 
the part of the licensed or regulated professional can be filed for 
consideration of financial remuneration. Consumer complaints or disputes may be 
reviewed, investigated, and resolved by a reparation board or through an 
administrative action review committee. The purpose of reparation boards and 
administrative action review committees is to resolve consumer complaints in an 
inexpensive, expeditious, fair, and impartial forum. Such complaints may result 
in the following:
Findings of no responsibility on the part of the licensed professional
    Recovery of financial losses by the complaining consumer
    Revocation, suspension, or other sanctions against the professionals 
    license
    1. Filing a Complaint or Claim for Reparation or Administrative Action
The filing requirements for a complaint or claim vary for each regulatory 
agency. At a minimum, claims must normally show the following:
The individual (known as the respondent) against whom the recovery is sought 
    was registered with the regulatory agency at the time the alleged violation 
    occurred.
    The complaint was filed within a specified period.
    Respondents are not in bankruptcy or receivership proceedings.
    Financial losses do not exceed the cap on reparations or administrative 
    actions.
    The claim (or complaint) is not being considered in arbitration or a civil 
    court.
    2. Legal Representation
The need to hire an attorney varies with each case. Many reparation boards or 
administrative action review committees allow victims to represent their own 
interests throughout the entire process, especially if the financial loss is low 
and the facts of the claim are straightforward. In other cases, the reparation 
board or administrative action review committee will advise victims to hire 
legal representation. Many reparation boards and administrative action review 
committees provide legal counsel to explain complaint procedures and hearing 
proceedings.
3. Costs Associated with Filing Complaints or Actions
Once again, the fees and costs vary with each reparation board or administrative 
action review committee, but there is normally a nominal filing fee to initiate 
complaints or actions. This amount can be a set fee or can be pro-rated based on 
the amount of damages or financial recovery sought. Filing fees are normally 
awarded as costs if the outcome favors the victim. Sometimes awards include 
victims legal costs and travel-related costs, but not normally.
4. Reparation or Administrative Action Process
The process of adjudicating complaints filed with reparation boards or 
administrative action review committees is similar to that of civil court 
proceedings, but it is often more informal. After a complaint is filed, it is 
sent to the respondent for an answer. Upon receipt of the respondents answer, a 
screening committee reviews the claim to verify that all eligibility 
requirements are met. The case is then referred to either a judgment officer 
(who usually hears cases with small financial losses or undisputed claims) or an 
administrative law judge (who usually hears complicated cases or those that may 
result in large awards). 
Each party is responsible for gathering evidence to support his or her own case 
and for responding to discovery requests. After discovery is completed, written 
facts are reviewed to determine if an oral hearing is warranted. If the 
complaint is straightforward or if the respondent fails to answer the complaint, 
the judgment officer may issue a summary judgment (in favor of either party), 
and the case is settled. In more complicated cases, a formal hearing (normally 
conducted as a public hearing) is set before an administrative law judge, and 
all facts surrounding the complaint are reviewed. At the conclusion of the 
presentation of evidence, both parties have an opportunity to file post-hearing 
comments and to reply to the others comments. After review of these filings, 
the administrative law judge renders his or her decision in writing. Decisions 
of the administrative law judge are appealable if the complaint is heard in a 
formal hearing. Appeals can be heard within the reparation board or forwarded to 
the U.S. Court of Appeals.
5. Length of Time for Resolution
Just as in the criminal and civil justice system, the time from the filing of a 
complaint to formal disposition can vary. Cases are, however, normally disposed 
of sooner than those in the justice process.
6. Distribution of Financial Awards
If the findings of the reparation board or administrative action review 
committee go against the respondent and he or she is assessed monetary 
penalties, the respondent will have a specified time in which to pay the 
complainant, unless the finding is appealed. If the respondent has failed to pay 
the victim by the required settlement date, his or her license may be suspended 
until payment is made. Awards by reparation boards and administrative action 
review committees are enforceable as liens in the District Court where the 
respondent lives or has a principal place of business.
7. Counter-suits
Respondents are allowed to counter-sue consumers, but only based upon the facts 
of the complaint.
8. Identifying Reparation Boards and Administrative Action Review Committees
Victim/witness coordinators should consider making contact with state and 
federal regulatory agencies that oversee professional licensing and review to 
determine the existence of reparation or administrative action review 
committees, along with information about eligibility requirements and filing 
procedures. Victim/witness coordinators may wish to include agencies such as 
these:
Federal securities and commodity trading commissions, such as the Commodity 
    Futures Trading Commission, which has a reparation board for handling and 
    resolving consumer complaints (Three Lafayette Centre, 1155 21st Street, 
    N.W., Washington, DC, 20581; 202-418-5250)
    State agencies regulating the licenses of building contractors, insurance 
    agents, real estate agents, accountants, tax advisors, investment bankers, 
    financial planners, etc. 
    The U.S. Attorney Generals Division of Fraud and Consumer Protection, which 
    has information on state recovery funds, such as the California Department 
    of Real Estate Recovery Fund (919-227-9789)
    National and state Better Business Bureaus (National Council of Better 
    Business Bureaus, Inc., 4200 Wilson Blvd., Suite 800, Arlington, VA 
    22203-1838; 703-276-0100)
    Federal Trade Commission
    Victim/witness coordinators may also wish to call the Federal Government 
Information Center (800-688-9889) for assistance in obtaining appropriate 
government agency phone numbers.
Additionally, victim/witness coordinators may wish to share with each other the 
contact information they collect concerning reparation and administrative 
actions. This practice will help to ensure that victims who reside in one part 
of the country but have cases originating in other parts of the country are well 
served. 
IV. Support Services to Address Credit Problems and Prevent Revictimization
As a direct result of fraud crimes, many victims face additional financial 
burdens as they struggle to pay not only their own debts, but debts incurred, 
indirectly or directly, by perpetrators of fraudulent acts. Thus, many victims 
experience credit problems and, consequently, damaged credit ratings. In some 
instances, fraud victims are forced to declare bankruptcy to relieve themselves 
of fraudulent debts.
Victim/witness coordinators play a pivotal role in relaying information to 
victims on a variety of victim-related support services. Victims need to 
receive information about available options for addressing credit problems is 
perhaps the second most critically needed victim assistance service, and it is 
usually needed as soon as the crime has been detected. The need for emergency 
financial referrals was discussed in Section III of this guide. The present 
section focuses only on service strategies and support services that address 
credit problems arising from criminal victimizations. The following information 
will provide victim/witness coordinators with an overview of several options 
that can help victims begin to address credit problems.
Victim/witness coordinators should also be aware that VOCA funds now can be used 
to pay for the development of fraud victim support programs and services. In 
some cases, VOCA funds can be spent on emergency financial assistance relating 
to consumer credit counseling and on other forms of assistance on behalf of the 
victim with creditors and employers. (Please see Appendix A of this guidebook 
for additional information.)
A. Addressing Credit ProblemsStrategies for Victim/Witness Coordinators
While victim/witness coordinators are not expected to perform credit repair 
tasks that are the responsibility of victims, coordinators can nonetheless give 
special assistance to victims in dire financial circumstances. Victim/witness 
coordinators may wish to assist victims by taking these steps: 
Providing them with information about credit repair options, including 
    contact information for national credit reporting agencies and Consumer 
    Credit Counseling Services (a free credit counseling service)
    Providing victims with a letter verifying they are innocent victims of a 
    financial crime (for inclusion in the victims credit file, where 
    appropriate)
    Contacting employers to minimize the loss of pay or benefits due to victims 
    participation in criminal justice-related hearings and proceedings (see 
    sample letter in Appendix B)
    Contacting creditors and landlords to verify that victims have in fact been 
    criminally victimized and asking that creditors and landlords work with 
    victims to defer or modify payments (see sample letter in Appendix B)
    Providing victims with sample letters for notifying creditors and credit 
    bureaus of their victimization 
    Establishing a contact at each of the three national credit 
    bureausExperian, Equifax, and TransUnionto learn of all available services 
    for victims (knowing a specific person for the victim to contact at these 
    agencies may make it easier to report cases of credit fraud and provide a 
    smooth transition while the victims credit problems are being addressed)
    Providing victims with copies of certified restitution orders, liens, or 
    judgments for inclusion in their credit files
    B. Addressing Credit ProblemsStrategies for Victims
Victims can take several steps to address their credit problems:
1. Contact Creditors Directly
In many instances, if victims contact creditors (and in some cases collection 
agencies) immediately upon learning of a change in their ability to pay debts, 
the result may be a reduction, modification, or deferral of credit card or loan 
payments. 
2. Consult with a Credit Counseling Service 
Services provided by credit counseling services typically include these:
Negotiating with creditors to consolidate or reduce payments or interest, 
    especially on unsecured debts such as credit cards and personal loans
    Developing payment plans based on victims ability to pay
    Providing advice about other options for repairing credit, such as 
    documenting fraud victimizations in national and local credit reports 
    Some credit counseling services provide their services for free, while others 
may charge hefty fees. Consumer Credit Counseling Service (CCCS), the nations 
largest (and no-cost) nonprofit credit counseling service, has branch offices 
located in most metropolitan areas. Victims should consult their local telephone 
directories for the nearest CCCS office or call the national toll-free number, 
(800) 388-CCCS, to learn the location of the nearest office. 
Local Better Business Bureaus and local credit reporting agencies are also good 
sources for consumer counseling referrals.

3. Work with Credit Reporting Agencies
Being a victim of crime normally does not relieve a person of the obligation to 
pay both legitimate debts and the debts caused by fraudulent acts. Victims 
should obtain copies of their credit reports, from both national and local 
reporting agencies, for several reasons:
To learn whether negative ratings appear on credit reports. If so, victims 
    can file a written explanation of the crime, or payment difficulty, for 
    inclusion in the report. While explanations will not result in the removal 
    of negative credit ratings, they do provide creditors with information for 
    future credit decisions. Victims should submit written statements to both 
    local and national credit reporting agencies, as many do not share credit 
    information.
    To learn whether continuing debt is being incurred as a result of fraud. It 
    is not uncommon in credit card fraud for perpetrators to use victims 
    personal information to secure additional credit in victims names over a 
    long period, especially if they have not been identified or arrested. Nor is 
    it uncommon for fraud perpetrators to sell victims personal information to 
    other criminals. By reviewing credit reports routinely, victims will be able 
    to uncover additional fraudulent acts without long delays.
    In cases where a perpetrator has been identified and convicted, victims should 
submit copies of restitution orders, liens, or other orders of judgment against 
the perpetrator for their credit files. Copies of these orders will add 
legitimacy to victims written explanations of payment difficulties. 
Victims should be warned of companies that claim the ability to remove negative 
ratings from credit reports. These companies normally charge high fees for their 
services, which basically amount to making a payment on the debt, with little or 
no impact on the credit rating. Nothing (except errors by creditors or credit 
bureaus) erases negative ratings from a credit report but the timely repayment 
of debt.
4. Assistance from Credit Card Fraud Units Housed in National Credit Reporting 
Agencies
Each of the three most frequently used national credit reporting agencies has a 
credit card fraud unit. Their contact information is as follows:
Equifax
            P.O. Box 740256
            Atlanta, GA 30374
            Fraud Assistance Unit:
            (800) 525-6285Experian
            P.O. Box 949
            Allen, TX 75013
            Consumer Fraud Assistance Unit:
            (800) 682-7654Trans Union Corporation
            P.O. Box 6790
            Fullerton, CA 92834
            Fraud Assistance Unit:
            (800) 680-7289
    
    The most common service offered by these fraud units is placing a "block" on a 
victims credit files so that when new applications for credit cards are 
received, they are rejected until the victim is contacted to verify that he or 
she actually applied for the cards.
Requesting a block on ones credit file is not restricted to credit reporting 
agencies. Victims of credit card theft, credit card fraud, or personal identity 
fraud should contact individual credit card companies where they have existing 
accounts and request that similar flags be placed on their account records.
In addition to blocking new credit applications, victims can request to be 
notified if charges to their credit cards exceed usual spending patterns. 
American Express does this as a matter of course. Other companies require a 
written request to provide such notification. 
Victims should request the names of those individuals or companies that have 
asked for a copy of their credit report in the last six months to determine the 
legitimacy of the request. Victims should also ask credit reporting agencies how 
long a credit file block is left in place and what procedures must be followed 
to extend it. 
Depending on the nature of the fraud, victims may not be held financially liable 
for the debts incurred as a result of the fraudulent act. Victims should contact 
fraud assistance units, credit card companies, lending institutions, or an 
attorney to determine if they are in fact exempt from the debt.
C. Strategies to Help Prevent Revictimization 
Fraud criminals relentlessly target and re-target their most vulnerable victims, 
often selling "sucker" lists to other perpetrators. It may be difficult to 
understand how someone could repeatedly give money to con artists, but for some 
victims, responding to fraudulent offers or investments is a repetitive form of 
behaviormuch like an addiction. For others, such as lonely elders, the only 
form of social contact they have may be with fraudulent telemarketers, and 
experienced con artists target them for just that reason. These individuals need 
help to break the continuing cycle of victimization. 
To reduce fraud victims chances of being targeted and defrauded by criminals 
again, victim/witness coordinators can suggest several strategies. In addition 
to those already mentioned, the following strategies may help:
1. Remove Victims Names from National Mailing, Marketing, and Phone Lists
Victims should be advised to send a written request to have their names removed 
from national mailing and phone lists. Written requests should be mailed to the 
following: 
Mail Preference Service
            Direct Marketing Association
            P.O. Box 9014
            Farmington, NY 11735Telephone Preference Service
            Direct Marketing Association
            P.O. Box 9008
            Farmington, NY 11735
    
    Requests may take several months to process. A sample letter requesting the 
removal of victims names from mailing or phone lists is included in Appendix B.
Victims wishing to remove their names from marketing and pre-approved credit 
card offer lists maintained by Equifax, Experian, and TransUnion should be 
advised to mail their written request to the following: 
Equifax
            P.O. Box 740256
            Atlanta, GA 30374Experian
            P.O. Box 949
            Allen, TX 75013TransUnion Corporation
            P.O. Box 6790
            Fullerton, CA 92834
    
    2. Change Phone Numbers
Sometimes a fraud victim, especially a victim of telemarketing fraud, may want 
to change his or her telephone number or get an unlisted number. To change a 
telephone number, the fraud victim should call a customer service representative 
at the local phone company, explain the circumstances, and ask that the number 
be changed. Telephone companies usually change the number once at no charge for 
fraud victims and may charge $20 or more to change the number a subsequent time. 
The change usually becomes effective within 24 hours. The victims should also 
ask the phone company about other options, such as how to trace calls from 
persistent telemarketers. When appropriate, victim/witness coordinators should 
write letters on behalf of victims to verify that they are in fact victims of 
fraud crime. 
3. Contact Creditors to Close Accounts 
When an account has been used fraudulently, the victim should contact the 
creditor immediatelyfirst by phone, then in writingto request that the account 
be closed and that a flag of "closed by consumer request" be placed on it. 
Replacement cards with new account numbers should be requested at that time. 
4. Changing Personal Identifiers
Victims can request that fraud assistance units in national credit reporting 
agencies, as well as individual credit card companies that maintain their own 
credit accounts, change their personal identifiers or add additional personal 
identifiers, such as a name other than the victims mothers maiden name. That 
way, if old personal identifiers are used, fraud assistance unit personnel will 
automatically be alerted to fraud. 
Additionally, victims should be advised not to release social security numbers, 
credit card numbers, or bank account numbers without first verifying the 
legitimacy of the requesting individual or agency. 
5. Restrict Address Changes
Victims can also request that national and local credit reporting agencies make 
no address changes to credit files without first contacting the victims to 
confirm the requested changes. It is not uncommon for identity thieves to submit 
new credit applications with a different address. In doing so, they are able to 
redirect billing notices and pre-approved credit card offers, increasing the 
likelihood that victims will remain unaware of new credit accounts until the 
perpetrators have amassed staggering debts and new identities. 
6. Routinely Review Credit Files
Victims should review local and national credit files routinely so that crimes 
of identity fraud can be spotted quickly. Victims who have been denied credit 
are entitled to receive a free copy of their credit report. Victims may be 
assessed a fee for additional reports. Beginning October 1997, victims of 
identity theft are entitled by law to receive an annual credit report free of 
charge. 
7. Maintain Files of All Financial Transactions
Victims should keep files of all financial transactions, including all credit 
applications, requests for credit file blocks, and changes of personal 
identifiers. 
8. Notify Banks and Other Lending/Investment Institutions 
Victims should cancel checking, savings, and investment accounts and obtain new 
account numbers. They should ask that their new personal identifiers be used to 
verify all transactions. Stop-payments should be placed on any outstanding 
checks or payments, and creditors should be notified of the reissuance of 
payments. Victims should not forget to cancel ATM cards and request new ones 
with new identifiers.
9. Report the Fraudulent Use of Checks to National Check Verification Companies
Victims should report the fraudulent use or theft of checks, along with the 
closed account number, to companies that contract with retail establishments to 
verify checks. Such companies include these:
CheckRite: (800) 766-2748
    Chexsystems: (800) 428-9623
    Equifax: (800) 437-5120 
    National Processing Company: (800) 526-5380 
    SCAN: (800) 262-7771 
    Telecheck: (800) 710-9898
    10. Reject and Report "Recovery Room" and Other Financial Recovery Schemes
Previously victimized persons should be warned about "recovery room" schemes, 
which falsely offer victims a way to recover their losses from fraudulent 
actsfor a fee. Victims should be instructed that if contacted by an individual 
claiming he or she can help recover their losses, either with or without a 
request for payment, victims should immediately notify their case agent, the 
prosecutor handling their case, or the victim/witness coordinator. Federal and 
state justice agencies do not charge fees to recover victims losses. Most often 
the person contacting the victim is a confederate of the original criminal. It 
is not uncommon for fraud criminals to pass along their list of fraud targets to 
other criminals. 
Occasionally, victims may be contacted legitimately by a representative of a 
reparations board or state agency that helps victims recover their money, but 
normally such contact is initiated by victims. Victims should be warned to 
contact their case agent, prosecutor, victim/witness coordinator, or the state 
agency being represented to determine the legitimacy of the representative. Many 
fraud criminals operate in organizations with names that sound like those of 
government agencies. 
11. Use Consumer Protection Agency "Fraud Alerts" 
Victim/witness coordinators should provide victims with contact information to 
receive fraud alerts and other fraud-related promotional materials from consumer 
protection groups, such as the National Fraud Information Center of the National 
Consumers League (800-876-7060). Through consumer protection agencies, victims 
can find out about current scams and tips and report fraudulent activities. 
(Contact information is found in Appendix C.)
12. Change Social Security Number
This action should be used only in extreme cases of identify theft, where 
victims credit is so badly associated with bad checks and credit that repair is 
unlikely no matter what. Victims should contact the Social Security 
Administration to request a new number. Victim/witness coordinators should 
advise victims to provide their new number to all credit grantors, credit 
reporting agencies, insurance carriers, employers, state and federal taxing 
agencies, and departments of public safety (if the social security number is 
used as the drivers license number). Afterwards, victims should review their 
social security benefits annually to ensure that they have been properly 
credited with benefits transferred from their old accounts to their new ones. 
Victims should request such statements from their local office of the Social 
Security Administration.
V. Managing Mass Victim Cases
Perhaps a victim/witness coordinators most challenging responsibility is the 
coordination of mass victim cases. Such cases are common in fraud crimes and can 
involve hundreds or even thousands of victims. Notification challenges are 
heightened when victims are spread over the entire country. Additionally, many 
fraud investigations involve multiple jurisdictions and investigative agencies, 
compounding the difficulty of obtaining victims contact information. It is not 
surprising that the delivery of even the most basic victim services in such 
cases can be overwhelming. 
Several strategies have proven successful for victim/witness coordinators who 
must manage mass victim cases. Some strategies require the purchase of equipment 
or the contracting of services to streamline the notification process. Others 
simply involve old-fashioned ingenuity. 
A. Automated Victim Notification
Automated victim notification programs enable registered victims to access 
court-related information 24 hours a day, seven days a week, with a simple phone 
call to a national call center established by the vendor. Such programs work by 
establishing interfaces with existing case documentation systems located in 
prosecutors offices, court clerks offices, and detention facilities and then 
downloading the information into databases housed in the vendors call center.
Automated victim notification systems allow several options. They can relate the 
offenders custody status (and even warn of an offenders escape from custody) 
and provide court dates, times, locations, cancellations, and postponements. 
They can impart that information via an outgoing phone call or by producing and 
distributing notification letters to registered victims. (See sample letters and 
forms in Appendix B.) In addition, victims can usually call the system on a 
toll-free number. Information is normally provided in a number of languages. 
An added benefit of automated programs is that they eliminate the redundant 
entering of case information by multiple agencies. Victims can be entered into 
the system as early as their offenders arrest, and they can update their 
personal contact informationby phonethroughout the progress of the case, 
including prosecution and incarceration.
B. Coordination Between Probation and U.S. Attorneys
Provisions under the Mandatory Victims Restitution Act require the U.S. 
Probation Department to notify victims of the following:
Defendants convictions
    Victims right to submit financial loss statements for restitution 
    consideration, including the probation officers formal requests for these 
    losses
    The time, date, and location of sentencing
    Other information pertaining to restitution and sentencing
    To reduce the duplication of work, victim/witness coordinators may wish to 
consider working with probation officers to determine the appropriateness and 
feasibility of including other information in notification correspondence to 
satisfy both the agencies mandates for notification and victims need for 
comprehensive case-related information.
C. Use of Provisions Found Under 18 U.S.C. 3555, Order of Notice to Victims
Provisions of this statute provide that the court, when imposing a sentence on a 
defendant who has been found guilty of an offense involving fraud or other 
intentionally deceptive practices, may order (in addition to the sentence) that 
the defendant give reasonable notice and explanation of the conviction, in such 
a form as the court may approve, to the victims of the offense, not to exceed a 
cost to the defendant of $20,000. The notice may be ordered to given by mail, by 
advertising in designated areas or media, or by other appropriate means.
Recently, the U.S. Attorneys Office, Northern District of California, used this 
provision to require the defendant in a telemarketing/direct mail scheme to 
provide case settlement notification to his victims as part of the plea 
agreement. 
D. Toll-Free Numbers
Some victim/witness coordinators have found it helpful to obtain a toll free 
(800 or 888) telephone number that allows victims to access pre-recorded 
information about scheduled court proceedings, cancellations, and postponements. 
The use of a toll-free number requires that the recording be continuously 
updated by program staff, but it can be an effective tool when individual calls 
to victims are not possible. Notice of the number should be included in any 
initial victim contact correspondence. Victim/witness coordinators who wish 
further information should contact the Executive Office for United States 
Attorneys (EOUSA). 
E. Equipment Designed for Mass Mailings
Direct-mail advertisers use machines to fold, staple, and process thousands of 
letters per hour. Machines are available that can fold, insert, label, and sort 
bulk mail. Similar equipment could be purchased for use in mass victim 
notification. Victim/witness coordinators may wish to contact direct mail 
advertisers or the U.S. Postal Service to learn about mass mailing equipment and 
obtain vendor contact information.
F. Sharing of Computerized Victim Contact Data
Victim/witness coordinators should consider asking case agents to place the 
names, addresses, phone numbers, and amounts of financial losses (and ages if 
victims are elderly due to special sentencing enhancements, where appropriate) 
of all victims and witnesses on computer as they are identified. The computer 
file should be shared with everyone in the system, including the Financial 
Litigation Unit, Clerk of Court, and Probation Department. Files should be 
updated and distributed when there is new victim contact information or when new 
victims are identified.
G. Generalized Notification Materials
Some victim/witness coordinators have found postcards useful for sharing 
court-related information with large numbers of victims. Postcards eliminate the 
need to stuff envelopes, reduce the cost of postage, and are easily duplicated 
at local copy centers. Computer-generated address labels addressed to 
"Victim/Witness," rather than to the individual, may also speed the notification 
process. 
H. Private Sector Contracts
Some victim/witness coordinators have contracted out notification tasks to 
private sector mailing services. After signing a waiver stating that all 
information will be kept confidential, the mailing service should be given a 
computer file containing victims names and addresses, along with the 
information to be delivered, and should print out a hard copy for the 
victim/witness coordinator. Victim/witness coordinators should, however, check 
their individual offices policy before embarking on a private contract. Such 
contracts may not be allowed.
If contracting out notification tasks is allowed, victim/witness coordinators 
may wish to consider contracting with local senior citizen centers or programs 
for the disabled (Goodwill, for example). These programs often fold, stuff, 
label, and affix postage at competitive prices.
I. Other 
In some jurisdictions, victim/witness coordinators provide court notification 
and case status updates through newsletters written and distributed by victims. 
Others seek donated newspaper space to print hearing dates and case outcomes 
(especially if the scam was originally advertised in the newspaper).
Victim/witness coordinators might want to explore using the World Wide Web or 
e-mail to enhance victim notification. Using this technology, case information 
can be placed on specially designed websites so victims with computer 
capabilities can access court status information. 
Other victim/witness coordinators have realized successful results from 
selecting one victim to represent a large number of victims, in order to reduce 
the numbers of victims speaking at sentencing events, especially when the 
majority of victims are confined to one geographical jurisdiction. 
VI. Networking for Effective Service Delivery
In general, victim/witness coordinators are severely burdened with growing 
caseloads, a lack of program or administrative staff, and numerous job-related 
duties. Such constraints leave victim/witness coordinators little time to 
establish programs and services to meet the growing needs of fraud victims. 
Cases involving fraud make victim/witness coordinators jobs even more 
difficult, especially when those cases involve thousands of victims. 
Victim/witness coordinators can employ several effective strategies to enhance 
their services to fraud victims. Coordinators can network with members of the 
community and allied professionals to learn of appropriate referrals, and they 
can establish local or regional task forces to address voids in victim 
assistance programs and services. This section provides effective strategies to 
do both.
A. Benefits of Networking
Networking allows victim service providers and, in particular, victim/witness 
coordinators to take advantage of opportunities to meet and work with a variety 
of professional and community colleagues, significantly enhancing their ability 
to do the following: 
Learn of new or enhanced victim-related referrals.
    Learn of underserved populations or changing victim needs.
    Address voids in fraud victim assistance services through partnerships with 
    community-based victim service programs and government agencies.
    Provide training to allied criminal justice professionals, community-based 
    service providers, medical and mental health practitioners, community 
    residents, and others about the financial and other needs of fraud victims.
    Increase their exposure to model programs and services.
    Gain access to a variety of victim-related resources, publications, and 
    service strategies.
    B. Establishing Networking Connections
There are numerous ways to hook into established networks. Suggested avenues 
include these:
Attending at monthly meetings of local civic organizations, chambers of 
    commerce, and professional associations
    Joining state and national victim assistance professional organizations
    Serving on the boards of community-based service programs
    Volunteering
    Serving on crime-related task forces
    Attending criminal justice-related meetings and training events
    Joining speakers bureaus
    Attending local, state, regional, and national victim assistance 
    conferences, seminars, and workshops addressing a variety of victim-related 
    topics and populations, such as elderly, disabled, or other vulnerable 
    victims
    Networking provides victim/witness coordinators with other opportunities as 
well:
Increased understanding of the nature of criminal victimization (general or 
    crime-specific) by allowing for interactions with a variety of professional 
    disciplines, philosophies, and work experiences
    Professional growth through attendance at training conferences
    Sharing of work-related experiences through membership in state and national 
    victim assistance professional organizations
    C. Using Network Connections to Enhance Services to Fraud Victims
If networking efforts are successful, victim/witness coordinators will have 
created valuable new contacts to draw upon to enhance program services to 
victims of fraud. Examples of using network contacts to enhance fraud victim 
services include these:
Asking accountants, credit counselors, and others identified through 
    networking efforts to speak at informational workshops, addressing fraud 
    victims most common concerns, such as "How to Address Credit Problems" or 
    "Fraud Victims State and Federal Tax Liabilities"
    Identifying programs and services through volunteer agencies that provide 
    "companion services" and other services to elderly crime victims
    Learning of job training programs for displaced homemakers or retired 
    seniors who must re-enter the job market due to their victimization 
    D. Establishing a Fraud Victim Task Force
Without a coordinated community approach to serving the informational, 
emotional, and financial needs of fraud victims, a fragmented approach to 
service delivery is likely to occur. This is unfortunate because fragmented 
approaches often allow for the duplication of some services, while allowing 
other victim-related service needs to go unmet. The establishment of community 
or regional fraud task forces is one way to achieve comprehensive victim-related 
services and reduce the chances of a fragmented service approach. 
Task forces can be developed by bringing together representatives of interested 
groups in area-wide meetings to explore new ways to work for fraud victims. An 
added benefit is that the entire workload does not fall on any one person. 
1. Task Force Goals
Overall goals can vary from group to group. However, meeting the needs of fraud 
victims should be one of the primary goals. Task force goals relating to victim 
service needs should be fourfold: 
Assess the emotional, financial, and informational service needs of fraud 
    victims.
    Assess local, state, and regional governmental and nonprofit agencies and 
    programs that currently provide services or support to fraud victims. 
    Identify gaps in current programs and services. 
    Determine how best to address those gaps.
    2. Task Force Membership
A fraud victim task force should include a mix of governmental and 
community-based professionals and officials, community leaders, members of the 
public, and victim representatives so that a variety of expertise and experience 
can be drawn upon. Members might include the following:
Prosecutors (county and federal)
    Law enforcement officers (city, county, and especially those who work with 
    elderly victims through such programs as TRIAD)
    Federal case agents
    Prosecutor-based victim assistance professionals (county and federal)
    Police chiefs
    Sheriffs
    Probation and parole officers (county, state, and federal)
    Judges (county and federal, representing both criminal and civil courts)
    Elected officials (mayor, county commissioner, county executive, city 
    council members) 
    Representative of the state attorney generals division of economic or 
    consumer fraud 
    Community-based victim assistance representatives 
    Consumer protection agency representatives
    Better Business Bureau representatives
    Aging and adult protective service representatives
    Consumer credit counseling representatives
    Media representatives
    Senior citizen organization representatives
    Local business leaders (especially those in businesses affected by fraud 
    crimes, or those who can provide free or reduced services such as printing)
    Nonprofit organizations (especially those that deal with consumer fraud and 
    elder abuse)
    Religious leaders 
    Fraud victims 
    3. Task Force Organizational Structure
Some task forces serve as one body to address all issues surrounding the primary 
subject area. Others create subcommittees to look at particular issues or 
concerns in depth and then report back to the full task force with findings or a 
plan of action. Task force structuring that allows for subcommittees lets 
members select issues related to their area of expertise or interest and make 
substantial contributions quickly. 
Specific subcommittees for a fraud task force might include the following:
Public Awareness and Education Committeedevelops public awareness and 
    education campaigns to prevent fraud. The committee also works to raise 
    understanding, among other victim service agencies and the general public, 
    of fraud crimes and the emotional and financial impact to victims and the 
    larger community. Public awareness and education campaigns can also be 
    useful in reducing the social stigma that many fraud victims experience.
    Legislative Committeetracks state and federal statutes pertaining to fraud 
    crimes to alert interested parties of changes that may affect mandated 
    programs and services. 
    Prevention Committeecreates opportunities, using promotional materials, to 
    reduce the prevalence of fraud victimization. Opportunities include hosting 
    community or regional citizen forums, distributing fraud alerts to target 
    victim populations, and arranging a speakers series to address topics 
    relevant to fraud crimes. 
    Victim Assistance Committeetracks emerging trends in the delivery of 
    services to fraud victims, assesses current victim assistance programs, and 
    develops and implements service programs to meet new or emerging victim 
    assistance needs.
    Training Committeedevelops strategies to train community service providers 
    and allied criminal justice professionals (judges, probation and parole 
    officers, prosecutors, case agents, and others) about the effects of fraud 
    victimization. Additionally, the committee develops and implements local, 
    state, or regional fraud-related training conferences. 
    Financial Remuneration Committeeseeks model program services to increase 
    victims opportunities for financial recovery.
    4. Additional Task Force Benefits
Task forces can also help raise public awareness about the overall issue of 
fraud and, in particular, its devastating financial and emotional impact on 
victims. Task forces can do so by releasing their findings and recommendations 
to local, state, and regional media, such as newspapers and television news 
programs. Task force findings should also be distributed to at least the 
following:
Local, state, and regional elected officials
    Professional associations
    State bar associations
    Medical, insurance, real estate, contracting, investment, and other local 
    and state licensing boards
    Credit reporting agencies
    Allied criminal justice professionals
    Governmental agencies with mandates to serve specific populations, such as 
    the elderly or disabled
    Nonprofits and other community-based programs that provide direct services 
    to crime victims
    Appendix A
How Victims of Crime Act (VOCA) Funds May Be Used to Assist Victims of Financial 
Fraud 
The Victims of Crime Act (VOCA) authorizes the Office for Victims of Crime (OVC) 
of the U.S. Department of Justice to administer grants to the states for victim 
services and victim compensation. Although VOCA funds may not be used to 
compensate victims of fraud for their financial or property losses, VOCA funds 
may be used to provide such victims with services to help them obtain justice 
and healing. VOCA defines "services" as efforts that
Respond to the emotional and physical needs of crime victims,
    Assist victims of crime in stabilizing their lives after a victimization,
    Help victims understand and participate in the criminal justice system, and
    Provide victims of crime with a measure of safety and security.
    OVC allows each state grantee the latitude to determine how VOCA victim 
assistance grant funds can be used most effectively. The eligibility 
requirements for organizations receiving VOCA funds may be found in sections 
IV.B and IV.C of the 1997 VOCA Victim Assistance Final Program Guidelines.
In response to comments from VOCA victim assistance and victim compensation 
program administrators, victim service providers, representatives of national 
victim organizations, elder services agencies, and other victim advocates, the 
revised Guidelines, published in April 1997, encourage states to fund new or 
expanded services for victims of fraud and economic exploitation. The amended 
language of the Guidelines does the following: 
Expands the definition of "victim" to include victims of financial crimes. 
    In Section I, Background, the definition of "crime victim" has been modified 
    to "a person who has suffered physical, sexual, financial, or emotional harm 
    as a result of the commission of a crime." Although VOCA-funded programs 
    cannot be used to restore the financial losses suffered by victims of fraud, 
    victims are eligible for the counseling, criminal justice advocacy, and 
    other support services offered by VOCA-funded victim assistance programs. 
    Expands the definition of "elder abuse" to include economic exploitation and 
    fraud. In the Program Requirements section of the Final Guidelines (IV.A.4.) 
    describing grantee eligibility requirements, the definition of "abuse of 
    vulnerable adults" now includes the mistreatment of older persons through 
    economic exploitation and fraud. 
    Expands the definition of "previously underserved" priority areas to include 
    victims of fraud crimes. The Program Requirements section (IV.A.4.) also 
    states that an additional 10 percent of each VOCA grant will be allocated to 
    crime victims who were "previously underserved." These underserved victims 
    may include victims of economic exploitation and fraud. 
    A. Direct Services
VOCA grant funds may support direct services for fraud victims, such as the 
following:
1. Immediate Health and Safety
Services that respond to the immediate emotional and physical needs of crime 
victims (excluding medical care) are eligible for support with VOCA victim 
assistance grant funds. Examples include crisis intervention; hotline 
counseling; and providing emergency food, clothing, transportation, and shelter 
(section IV.E.1.a.).
2. Mental Health Assistance/Support Groups
Counseling, on either an individual or group basis, may help some fraud victims 
and their family members understand their victimization and stabilize their 
lives after the experience. Grant funds may be used to pay for individual 
counseling, fraud support groups, and therapy (section IV.E.1.b.). 
3. Respite Care and Serving Victims with Disabilities
Assistance with participation in criminal justice proceedings can be paid for 
with VOCA funds. These may include the cost of caring for a child or a dependent 
adult so that a victim can attend court. Funds may be used to purchase items 
such as Braille equipment for the blind or TTY/TTD machines for the deaf, or to 
make minor building improvements that make services more accessible to victims 
with disabilities (section IV.E.1.c. and IV.E.2.d.). 
4. Credit Counseling Advocacy or Other Special Services
VOCA funds may be used to help crime victims manage the practical problems 
created by victimization. One example would be acting on behalf of the victim 
with other service providers, creditors, or employers (section IV.E.1.f.). 
5. Restitution Advocacy
Restitution advocacy on behalf of specific crime victims is now an allowable 
activity under VOCA grants. Restitution advocacy can include the cost of 
purchasing, developing, printing, and distributing restitution information for 
victims. Victim/witness coordinators may prefer to hold a meeting with a group 
of fraud victims or develop a formal program to discuss the restitution process, 
such as a one-day restitution clinic or workshop (section IV.E.1.c.). 
6. Public Presentations
Grant funds can be used to support presentations that are made in community 
centers, nursing homes, and other public forums and that are designed to 
identify fraud victims and provide or refer them to needed services. 
Specifically, grant funds can be used to cover presentation materials, 
brochures, and newspaper notices about the event (section IV.E.2.k.). 
7. Advanced Technologies
The use of computers and automated victim notification systems can dramatically 
improve the ability to reach and serve fraud victims (section IV.E.2.f.). In 
purchasing these technologies with grant funds, applicants should describe the 
following:
How the computer equipment will enhance services to fraud victims
    How it will be integrated into or enhance the existing system
    Cost of installation
    Cost of training staff to use the computer equipment
    Ongoing operational costs, such as maintenance agreements and supplies, and 
    how these additional costs will be supported (property insurance is an 
    allowable expense, as long as VOCA funds support a prorated share of the 
    cost of the insurance payments) 
    B. Assistance
VOCA grant administrative funds may assist fraud victims through the following:
1. Training
VOCA funds can be used for training direct service providers, such as social 
service workers, adult protective service providers, and mental health and 
medical professionals about the nature of financial fraud and the needs of its 
victims.
2. Publications
VOCA funds can be used to purchase, print, or develop publications such as 
brochures, training manuals for service providers, or victim services 
directories. For example, VOCA funds could be used to translate and print 
informational brochures to assist non-English speaking victims of financial 
fraud.
Appendix B
Sample Letters
The following pages contain sample letters for use by fraud victims and 
victim/witness coordinators. The first eight letters are for use by victims. The 
next 13 letters are models that victim/witness coordinators can follow.
A. Letters for Use by Victims
1. Request to Be Removed from Mailing Lists
2. Request to Be Removed from Phone Lists 
3. Letter to Credit Reporting Agencies (Initial Letter)
4. Letter to Credit Grantors (Including Creditors, Banks, Department Stores, 
Utility Companies, and Investment Firms)
5. Letter to Collection Agencies
6. Notification to General Creditors to Flag Account
7. Bureau of Prisons Notification Request
8. Petition for Remission or Mitigation of Forfeiture
B. Letters and Forms for Use by Victim/Witness Coordinators
1. Post-Sentencing Disposition Letter to Victims with Findings of Guilt 
2. Guilty Verdict/Victim Impact Statement/Sentencing Notice to Witnesses and 
Other Interested Parties
3. Notification to BOP of Victim Request
4. Confirmation to Victim of Receipt and Forwarding of BOP Notification Request
5. Request for Inmate StatusState Custody
6. Not-Guilty Verdict Letter
7. Notice of Arrest
8. Notice of Indictment 
9. Notice of Arraignment 
10. Notice of Trial 
11. Letter to Employer on Behalf of Victim or Witness for Any Scheduled Court 
Event
12. Abstract of Judgment
13. Petition for Remission or Mitigation (Cover Letter to Non-Owner Victims)

A. Letters for Use by Victims

1. Request to Be Removed from Mailing Lists

[Date]
Mail Preference Service
Direct Marketing Association
P.O. Box 9014
Farmington, NY 11735
Dear Sir/Madam:
I am writing to request that my name be removed from any and all mailing lists 
for unsolicited mail, effective immediately. I am currently receiving 
unsolicited mail at:
[Name]
[Address]
[City, State and ZIP code]
Other persons living at this address who also request that their names be 
removed immediately from any and all mailing lists are [Names of family 
members]. If this request is not sufficient for removing my name or those of my 
listed family members, please notify me promptly of any other procedures I need 
to follow. I can be reached at the address listed above. Thank you for your 
attention to this matter.
Sincerely,
[Signature of victim]
[Printed name]

2. Request to Be Removed from Phone Lists 

[Date]
Telephone Preference Service
Direct Marketing Association
P.O. Box 9008
Farmington, NY 11735
Dear Sir/Madam:
I am writing to request that my name be removed from any and all phone lists for 
unsolicited telemarketing phone calls, effective immediately. I am currently 
receiving unsolicited telephone calls at [Area code and phone number].
Other persons living at this address who also request that their names be 
removed immediately from any and all phone lists are [Names of family members]. 
If this request is not sufficient for removing my name or those of my listed 
family members, please notify me promptly of any other procedures I need to 
follow. Thank you for your attention to this matter.
Sincerely,
[Signature of victim]
[Printed name]
[Street address]
[City, State and ZIP code]


3. Letter to Credit Reporting Agencies (Initial Letter)

[Date]
Equifax Information Service Center
Customer Service/Fraud Assistance Unit
P.O. Box 740256
Atlanta, GA 30374
Experian 
Consumer Fraud Assistance Unit
P.O. Box 949
Allen, TX 75013
TransUnion
Fraud Victim Assistance Department
P.O. Box 6790
Fullerton, CA 92834
Or Local Credit Reporting Bureaus
Re: [Victims name]
Social Security Number: __________
Date of Birth: __________
Subject: Case of Fraud 
Dear Sir/Madam:
This letter is to serve as written follow-up to my phone call to your office on 
[Date]. As I stated in my call to your representative [Name], I am the victim of 
identity fraud. I became aware of the theft of my identity on [Date] and in the 
following manner: [Brief description of crime].
Thus, I request certain items and assistance from your office. Specifically, 
please:
Provide me with the name of an individual in your office to whom I should 
    address all future correspondence about my credit file and the theft of my 
    identity.
    Place a fraud alert on my credit file, noting that I am the victim of 
    identity theft and that no credit is to be issued without my permission.
    Send a complete copy of my credit report to my home address, which is listed 
    below. I understand that because I am a fraud victim, there is no charge for 
    this report.
    Remove my name from any client list you may provide to other credit grantors 
    or direct marketers.
    Notify all credit grantors or other agencies that have received my credit 
    report within the last year that there has been a fraud committed against 
    me. Please send me a copy of all such correspondence.
    Send me a list of all credit grantors (with phone number and address) to 
    whom you are sending this information.
    Notify all companies that have inquired in the last 12 months about my 
    credit that a fraud has occurred against me.
    Send me any booklets or handouts as to my legal rights and obligations, 
    along with any additional information your agency may have to help me deal 
    with this identity theft.
    Do not release my credit report without my permission.
    Do not change my address without my approval.
    Place this letter in my credit file.
    I am attaching a copy of my last utility payment and drivers license to verify 
my identity. I have filed a complaint with the [Name of police department] 
concerning this crime. The police report number is [Number]. You may contact 
[Name of investigator or case agent] at [Phone number] to verify that this crime 
was reported.
Thank you very much for your immediate attention to this matter. I look forward 
to receiving the information I have requested, along with a copy of my credit 
report. Should you need me to supply with any additional information, please 
notify me as soon as possible. My address is [Home address], and I can be 
reached during the day at [Phone number] and during the evening at [Phone 
number]. 
Sincerely,
[Signature]
[Name]
[Address]
[City, State and ZIP code]


4. Letter to Credit Grantors (Including Creditors, Banks, Department Stores, 
Utility Companies, Investment Firms)

[Name of Supervisor of Fraud Department]
[Creditor]
[Address]
[City, State, ZIP code]
Re: Identity Fraud
Account: __________
Dear [Name of Supervisor of Fraud Department]:
On [Date], I contacted your office by phone to alert your company that I am the 
victim of identity fraud and that the account opened under my name, with your 
agency, was done so fraudulently. This letter should serve as written 
verification of the crime. Please note that I phoned your office immediately 
upon learning of the fraud, and thus I shall not be responsible for any charges 
or debits resulting from this crime.
I was informed by [Name of company representative] that you opened an account in 
my name and that [Information, statements, credit cards, etc.] were mailed to 
the following address: [Address]. That is not my address. My address is 
[Address] and has been for the past [Number of months or years]. I have enclosed 
a copy of my current utility statement and drivers license to verify my 
identity.
I will be happy to complete any paperwork your company may require in 
conjunction with this report or sign any affidavits required of me. Please close 
this account immediately and send to my attention the following:
[As applicable]
The address, phone number, and password for the fraudulent account/credit 
    card
    The original application and/or forged signature
    Copies of all billing statements, along with any other correspondence in 
    regard to this account
    Copies of notices you send to any credit reporting agencies or other credit 
    grantors about this account
    I reported this crime to the police on [Date]. The police report number is 
[Number]. You may contact [Investigator or case agent] for additional 
information or verification of the reporting of this crime. [He/she] can be 
reached at [Phone number].
Additionally, please do not sell my name, address, or phone number to anyone at 
anytime for promotional purposes. Please do not make any address changes or 
issue any new credit in my name without first personally contacting me to verify 
the requests legitimacy.
I look forward to receiving the information I have requested without delay. If 
you should need to reach me by phone, I can be reached at [Phone number] during 
the day and [Phone number] in the evening. 
Sincerely,
[Signature]
[Printed name]


5. Letter to Collection Agencies

[Date]
[Supervisors name]
[Address]
[City, State and ZIP code]
Re: Account Number: __________
Dear [Supervisors name]:
This letter is to serve as written notification that I am a victim of a fraud 
crime. The account currently in your office for collection does not belong to 
meit was opened fraudulently. I reported this crime to [Name of police 
department] on [Date]. The police report number is [Number]. The 
[Investigator/case agent] handling my case is [Name]. [He/she] can be reached at 
[Phone number].
Please provide me with all documentation of the original fraudulent account. 
Additionally, please send me whatever forms are necessary for me to sign so that 
this account can be removed from my credit report. Do not send me any further 
threatening letters and do not call me, my employer, or anyone else about this. 
If you should need any additional documentation concerning this crime, please 
contact me at [mailing address]. I request written confirmation that this 
account has been removed from my credit history.
Thank you very much for your assistance in this matter.
Sincerely,
[Signature of victim]
[Name]

6. Notification to General Creditors to Flag Account

[Date]
[Agency representative]
[Address]
[City, State and ZIP code]
Name of Account: __________
Account Number: __________
Dear [Agency representative]:
This letter is to serve as written verification that I am a victim of identity 
fraud. While it does not appear that any fraudulent activity has occurred in the 
account listed above, I would like a credit/fraud alert placed on my file that 
notes that prior to making any changes in my account I am notified for approval. 
This includes changes to my address. I have enclosed a copy of my current 
utility statement and drivers license to verify my identity and the correct 
address.
Do not close the account. Once again, no fraudulent activity has occurred at 
this time. This notice is only an alert that fraudulent activity has occurred in 
other accounts under my name. Please send me written verification that the 
requested credit/fraud alert has been placed in my file. If you should require 
anything else from me, I can be reached at [Phone number] during the day or 
[Phone number] during the evening. 
Thank you for your assistance in this matter.
Sincerely,
[Signature]
[Name]
[Address]
[City, State and ZIP code]


7. Bureau of Prisons Notification Request

[Date]
[Victim/witness coordinator]
[Address]
[City, State and ZIP code]
Re: United States v. [Defendants name]
Bureau of Prisons Notification
This is to serve as notice that I wish to be notified of any and all releases or 
related proceedings involving the above-named defendant. This information 
includes notice of furloughs, transfers, death, and final release, as well as 
any escape or recapture. I understand this request will be forwarded to the 
Bureau of Prisons, which will keep me informed of all changes.
____________________________ ________________________
[Signature] [Date]

My contact information is [Print or type]:
Name: 
Address: 
Home phone: (____) 
Work phone: (____) 

I understand that the responsibility for notifying the Bureau of Prisons of any 
change in my address or phone number is mine. Thank you for your assistance.

8. Petition for Remission or Mitigation of Forfeiture

MODEL PETITION TO THE ATTORNEY GENERAL FOR REMISSION OR MITIGATION OF CRIMINAL 
FORFEITURE, OR CIVIL FORFEITURE PURSUANT TO 18 U.S.C.  981(e)(6), BY A 
NON-OWNER VICTIM OF THE UNDERLYING OR RELATED OFFENSE

TO: THE ATTORNEY GENERAL OF THE UNITED STATES
C/O U.S. ATTORNEY FOR THE DISTRICT OF [District where forfeiture took place]
[Address of U.S. Attorneys Office]
[Send copy to the seizing agency in the district where the seizure took place 
or, in the case of the DEA, at the address set forth in 28 C.F.R.  9.4(e).]
FROM: [Name, address, social security or other taxpayer identification number, 
and daytime telephone number]

1. I, [Name of petitioner], assert that I am a victim of the offense committed 
by defendant(s), [Name of defendant(s)], who [was/were] convicted in [Full name 
and number of case, with date of conviction, or of a related offense], having 
lost the following property to the defendant(s) as a direct result of that 
offense or related offense, without having any knowledge that defendant(s) 
[was/were] engaged in illegal activity: [Describe: the property in detail, 
including serial numbers, legal descriptions, etc. as appropriate; any evidence 
of the fair market value of the property on the date of the loss; any 
information concerning the present whereabouts of the property; and any 
information concerning the agency that seized the property, the asset identifier 
number, and the date and place of seizure].
2. The circumstances that led to my being a victim are as follows: [Describe in 
detail how you were victimized, providing names of witnesses, dates, and 
locations, attaching copies of relevant documents, and, if you turned over 
property to the defendant(s), explaining how you were induced to do so and what, 
if any, direct or indirect benefits you received].
3. I have made the following efforts to receive compensation for my losses: 
[Describe in detail all attempts to be reimbursed and the outcome or present 
status of those efforts]. I am unaware of any other assets of the defendant(s) 
against which I might have recourse, except the following: [State any 
information you have suggesting the defendant(s) has/have any other assets].
4. I affirm that if I receive any compensation for my losses, I will immediately 
notify the official who grants this petition (if it is granted) of that fact.
5. I understand that this petition will be governed by the regulations, 
including definitions of terms such as "victim" and "related offense," set forth 
in 28 C.F.R.  9.1 et seq.
DECLARATION

State of: __________________
County of: __________________

I hereby declare under penalty of perjury that the foregoing petition, including 
any attachments thereto, is true and correct in every respect.

Executed: __________________ __________________
[Date signed] [Signature of petitioner]
[IF REPRESENTED BY AN ATTORNEY]

DECLARATION OF REPRESENTED PETITIONER

State of: __________________
County of: __________________
I hereby declare under penalty of perjury that I have authorized [Name of 
attorney], [Address of attorney], to represent me in this proceeding, that I 
have fully reviewed the petition, including any attachments thereto, and that 
the petition and any such attachments are true and correct in every respect.
Executed: __________________ __________________
[Date signed] [Signature of petitioner]



DECLARATION OF ATTORNEY REPRESENTING PETITIONER

State of: __________________
County of: __________________

I hereby declare under penalty of perjury that upon information and belief the 
foregoing petition, including any attachments thereto, is true and correct in 
every respect.

Executed: __________________ __________________
[Date signed] [Signature of attorney]


B. Letters for Use by Victim/Witness Coordinators

1. Post-Sentencing Disposition Letter to Victims with Findings of Guilt

[Date]
[Name of victim]
[Address]
[City, State and ZIP code]
Re: United States v. [Defendants name]
Case #: __________ 
Dear [Victim]:
This letter is to inform you that on [Date], [Defendant] [pleaded or was found] 
guilty of the charges of [Name of charges] in the U.S. Federal Court. As a 
result, [his/her] conviction, [Defendant] was sentenced to [Sentence] on [Day, 
Date], before Judge [Name]. 
[Add if sentenced to a prison term:] More specifically, [Defendant] will be 
required to serve [Amount of time] in federal custody. Upon [his/her] release 
from custody, [Defendant] will be placed on supervised release for a period of 
[Length of term]. [His/her] supervision will be monitored by [Name of 
supervising agency].
[Add if appropriate:] Conditions of [his/her] supervised release will include 
[conditions].
[Add if appropriate:] As a part of [his/her] sentence, [Defendant] was ordered 
to pay you a sum of [Amount] as restitution for your financial losses. The U.S. 
Probation Department will arrange a payment schedule for your repayment. You 
will receive information from the U.S. Probation Department in the near future 
concerning these payments. 
As the victim of this crime and under federal law, you are entitled to receive 
certain information about this defendant while [he/she] is in federal custody, 
if you so request. This information includes notice of furloughs, transfers, 
death, and final release, as well as any escape. If you would like to receive 
this information, please complete and return the enclosed form. Your completed 
form should be returned to [Contact name and address]. 
I would like to take this opportunity to thank you for your patience and 
cooperation throughout the prosecution of this case. It is only when citizens 
come forward to participate in criminal proceedings that our justice system 
works most efficiently. 
If you should have any additional questions about your right to receive 
information about the supervision of this defendant while [he/she] is under the 
supervision of the federal correctional system, or if you need assistance in 
completing the enclosed form, please contact [Contact name] at [Phone number]. 
[He/she/I] will be happy to assist you in any manner possible.
Sincerely,
[Signature]
[Name]
Victim/Witness Coordinator

2. Guilty Verdict/Victim Impact Statement/Sentencing Notice to Witnesses and 
Other Interested Parties

[Date]
[Name of victim, witness, or other party]
[Address]
[City, State and ZIP code]
Re: United States v. [Defendants name]
Case #: __________
Dear [Victim, witness, or other party]:
This letter is to inform you that on [Date], [Defendant] was of convicted in 
[Name of court] of [Type of crime]. The defendant will be sentenced on [Day, 
Date] at [Time] before Judge [Name]. The sentencing hearing will take place at 
the [Location] in Courtroom [Number]. You are encouraged to attend the 
sentencing; however, you are not required to attend. If you would like to 
attend, please call our office at [Number] the day before the scheduled hearing 
to determine if there have been any changes in the date, time, and location of 
the hearing. 
[If writing to a witness, add:] Our nations criminal justice system cannot work 
efficiently without the cooperation of all of its citizens. Your participation 
helped to ensure this conviction. We thank you.
If you should need any further assistance or information concerning this case, 
please feel free to contact [Name]. [He/she] can be reached at [Number].
Sincerely,
[Signature]
[Name]
Victim/Witness Coordinator

3. Notification to BOP of Victim Request

[Date]
[Name], Chief
Victim/Witness Coordinator
Office of Victim Assistance
Federal Bureau of Prisons
320 First Street, N.W., Room 531
Washington, DC 20534
Re: United States v. [Defendant]
U.S. Marshal #: __________
Docket #: __________
Date of Sentencing: __________
Dear [Name]:
The following individual(s) have requested to be notified of all release and 
release-related proceedings pertaining to the defendant named above. This 
information includes notice of furloughs, transfers, death, and final release, 
as well as any escape.
Requestor 1.
Name: 
Address: 
Home Phone: (____) 
Work Phone: (____) 

Requestor 2.
Name: 
Address: 
Home Phone: (____) 
Work Phone: (____) 
Thank you for your assistance in this matter. If you have any questions please 
feel free to contact me at [Phone number].
Sincerely,
[Signature]
[Name]
Victim/Witness Coordinator

4. Confirmation to Victim of Receipt and Forwarding of BOP Notification Request

[Date]
[Victim]
[Address]
[City, State and ZIP code]
Re: United States v. [Defendant]
Information Request Verification
Dear [Victim]:
Your request to be notified of all release-related information concerning 
[Defendant] has been forwarded to the Bureau of Prisons Office of Victim 
Assistance. This information includes notice of furloughs, transfers, death, and 
final release, as well as any escape and recapture.
I have enclosed information about the Bureau of Prisons Victim/Witness 
Notification Program, along with the various types of notifications you may 
elect to receive. You should begin to receive correspondence from the 
correctional facility where [Defendant] is confined in the near future. 
Please remember to advise the Bureau of Prisons or this office of any changes in 
your contact information so that your information will remain current. Should 
you have any questions or concerns, please feel free to contact me or the Bureau 
of Prisons victim/witness coordinator. I can be reached at [Number]. The Bureau 
of Prisons victim/witness coordinator can be reached at (800) 359-3267.
Sincerely,
[Signature]
[Name]
Victim/Witness Coordinator

5. Request for Inmate StatusState Custody

[Date]
[State agency representative]
[State agency]
[Address]
[City, State and ZIP code]
Re: United States v. [Defendant]
Case #: __________
Dear [Representative]:
This letter is to inform your agency that the victim in the above-named case has 
requested to be notified of the escape, parole eligibility date, parole hearing 
date, and release or transfer of the defendant(s) from prison.
Victims Name: 
Address: 
Defendants Name: 
U.S. Marshal # : 
State I.D. # : 
Date Sentenced: 
Federal Sentencing Court and Jurisdiction: 
Federal Sentence: 
Federal Term of Probation: 
The Federal Bureau of Prisons in Washington, D.C., has requested that it be 
placed in your state notification system because [Defendant] has been sentenced 
to serve federal time [concurrently/consecutively] with state time. Notification 
information should be addressed as follows:
[Name], Chief
Victim/Witness Coordinator
Federal Bureau of Prisons, Office of Victim Assistance
320 First Street, N.W., Room 531
Washington, DC 20534
Your cooperation in notifying the victim of these events is greatly appreciated. 
I have given the victim a copy of this letter with instructions to notify your 
office of any changes in address and phone number. If you have any questions, 
please call me at [Number]. Thank you for your cooperation.
Sincerely,
[Signature]
[Name]
Victim/Witness Coordinator

cc: [Name], Parole Commissioner, Parole Commission

6. Not-Guilty Verdict Letter

[Date]
[Victim]
[Address]
[City, State and ZIP code]
Re: United States v. [Defendant]
Case #: __________
Dear [Victim]: 
This letter is to advise you that [Defendant] was found to be not guilty of the 
charge of [Charge]. A not guilty finding means that the case is over and 
[Defendant] will not be prosecuted further in this matter. 
Please do not feel that this verdict means that the [Judge/jury] felt 
[Defendant] did not commit this crime. It only means that the evidence available 
to our office did not prove [His/her] guilt "beyond a reasonable doubt." 
Learning of this decision, no doubt, must be most upsetting for you. 
Your participation in the prosecution of this case fulfilled a very vital and 
necessary role in our criminal justice system. Without your cooperation and 
assistance, we would not have been able to move forward in our attempts to 
prosecute [Defendant]. On behalf of my office, I thank you for your efforts. 
If I can answer any questions you may have, or assist you in any other way, 
please feel free to contact me. I can be reached at [Number].
Sincerely,
[Signature]
[Name]
Victim/Witness Coordinator


7. Notice of Arrest

[Date]
[Victim]
[Address]
[City, State and ZIP code]
Re: United States v. [Defendant]
Case #: __________
Dear [Victim]:
This letter is to inform you that [Defendant] has been arrested and [is/has 
been] [taken into custody or released on bail, bond, or his/her own 
recognizance]. 
The next step in the criminal justice process will be to present the case to a 
federal grand jury. A grand jury is a panel of private citizens who hear and 
review the evidence collected in a case and then determine if the federal 
prosecutor has enough evidence to warrant sending the [Defendant] to trial. If 
your appearance is required, a subpoena will be issued and either mailed or 
served to you by the U.S. Marshals Service. You will be compensated for your 
time according to government regulations. You will also receive additional 
information from this office about the grand jury process. 
Grand jury hearings are not open to the public. If your appearance is not 
required, you will be informed by this office of the grand jurys decision. If 
you should have any questions about this information, please call me at 
[Number]. Please feel free to call collect if you live outside the local dialing 
area. Thank you for your continued cooperation.
Sincerely,
[Signature]
[Name]
Victim/Witness Coordinator


8. Notice of Indictment 

[Date]
[Victim]
[Address]
[City, State and ZIP code]
Re: United States v. [Defendant]
Case #: __________

Dear [Victim]:
This letter is to inform you that a federal grand jury returned an indictment 
against [Defendant] for the crime of [Type of crime]. The next step in the 
criminal justice process will be to formally arraign [Defendant]. At an 
arraignment hearing, a defendant formally pleads guilty or not guilty to the 
offense with which [he/she] is charged. Although you are permitted to attend the 
arraignment, your presence is not required. You will be notified as soon as the 
arraignment date is scheduled.
If you have any questions about this information, please call me at [Number]. 
Please feel free to call collect if you live outside the local dialing area. 
Thank you for your continued cooperation.
Sincerely,
[Signature]
[Name]
Victim/Witness Coordinator


9. Notice of Arraignment

[Date]
[Victim]
[Address]
[City, State and ZIP code]
Re: United States v. [Defendant]
Case #: __________
Dear [Victim]:
This letter is to inform you that [Defendant] has been scheduled for arraignment 
at [Time] on [Date] before [Magistrate/Judge] [Name]. The arraignment will take 
place in Room [Number] at [Location]. An arraignment hearing is one in which the 
defendant formally pleads guilty or not guilty to the offense with which 
[he/she] is charged. Although you are permitted to attend the arraignment, your 
presence is not required. 
If [Defendant] does not plead guilty at the arraignment, a trial date will be 
set and you will be notified of the date, time, and location and notified 
whether your appearance is required. If your appearance is required, a subpoena 
will be issued and either mailed or served to you by the U.S. Marshals Service. 
If you are required to attend the trial, you will be compensated for your time 
according to government regulations. If a plea agreement is considered in lieu 
of trial, you will be notified before it is accepted and will be informed as to 
whether your attendance will be required at the arraignment. Most often it is 
not.
If you have any questions about this information, please call me at [Number]. 
Please feel free to call collect if you live outside the local dialing area. 
Thank you for your continued cooperation.
Sincerely,
[Signature]
[Name]
Victim/Witness Coordinator


10. Notice of Trial 

[Date]
[Victim]
[Address]
[City, State and ZIP code]
Re: United States v. [Defendant]
Case #: __________
Dear [Victim]:
This is to inform you that a trial date has been set in your case. The trial is 
scheduled for [Date] in U.S. Federal Court and will be held at [Location]. The 
trial will begin at [Time]. It is possible, however, that this date may change. 
Some cases are resolved after they have been scheduled for trial. If this should 
occur in your case, you will be notified in advance that the Assistant U.S. 
Attorney is considering a plea settlement with the defendant. Other trials are 
postponed for a number of legal reasons. I will make every attempt to inform you 
in advance of changes in the trial date. 
If you are required to attend the trial, you will receive a subpoena, either by 
mail or through the U.S. Marshals Service. As a government witness, you are 
entitled to be reimbursed for certain fees and travel-related expenses 
associated with your appearance. The enclosed government travel information will 
provide you with the necessary reimbursement information. If we require your 
appearance in court, you will be notified.
The U.S. Marshals Service has taken certain precautions to make the courthouse 
safe and secure. All visitors entering the building must pass through a metal 
detector. This procedure exists to ensure the safety of everyone. On the day of 
the trial, you should report to [Location], unless you have been instructed by 
the Assistant U.S. Attorney to report elsewhere.
Prior to the trial, the Assistant U.S. Attorney or a law enforcement officer may 
need to contact you by phone or consult with you in person about certain aspects 
of the case. If someone approaches you, other than the Assistant U.S. Attorney 
or a law enforcement officer, you are under no obligation to speak with him or 
her about your case. You may, however, speak with them if you choose. If you are 
contacted by persons other than those listed above, please call me and let me 
know who contacted you and whether you spoke with or are planning to speak with 
them. 
As the trial date approaches, I will contact you again to assist you with any 
travel arrangements that may be necessary for your appearance. Additionally, I 
will be available to provide any assistance you might need while working with 
your employer to schedule time away from work. If you have any questions or 
concerns, please feel free to call me at [Number]. 
Sincerely,
[Signature]
[Name]
Victim/Witness Coordinator

11. Letter to Employer on Behalf of a Victim or Witness for Any Scheduled Court 
Event

[Date]
[Employer]
[Address]
[City, State and ZIP code]
Dear [Employer]:
I am contacting you on behalf of the United States Attorneys Office for the 
District of [District]. This letter is to inform you that [Victim or witness] 
will be required to attend a court hearing set for [Date] at [Time]. [Victim or 
witness] has received a subpoena for this appearance and can provide you a copy 
if you wish. 
[Victim or witness] has expressed concern over losing wages for time away from 
work while participating in the proceedings. It has been our experience that 
most companies have a personnel policy that allows for paid leave for employees 
summoned to jury duty or participation at court proceeding, as such 
participation is seen as every citizens civic responsibility. Hopefully, your 
company already has a similar policy. If not, we ask that you extend all 
consideration of payment for time away from the job for [Victim]. 
We understand that your business may be burdened by your employees time away 
from work. We will make every reasonable attempt to minimize the time [he/she] 
is needed away from the job. If you have any questions regarding this matter, 
please feel free to contact me. I can be reached at [Number]. Your cooperation 
in this matter is greatly appreciated.
Sincerely,
[Signature]
[Name]
Victim/Witness Coordinator

12. Abstract of Judgment

ABSTRACT OF JUDGMENT
Pursuant to Title 28, United States Code, Section 3201, this judgment, upon the 
filing of this abstract in the manner in which a notice of tax lien would be 
filed under paragraphs (1) and (2) of 26 U.S.C.  6323(f), creates a lien on all 
real property of the defendant(s) and has priority over all other liens or 
encumbrances which are perfected later in time. The lien created by this section 
is effective, unless satisfied, for a period of 20 years and may be renewed by 
filing a notice of renewal. If such notice of renewal is filed before the 
expiration of the 20-year period to prevent the expiration of the lien and the 
court approves the renewal, the lien shall relate back to the date the judgment 
is filed.
Names and Address of Parties Against Whom Judgments Have Been 
            ObtainedNames of Parties in Whose Favor Judgments Have Been Obtained
    [Debtor Name]
            [Address Line 1]
            [Address Line 2]
            UNITED STATES OF AMERICA
    Amount of JudgmentNames of Creditors AttorneysWhen Docketed
    [Judgment Amount]
            PLUS interest accruing at the rate of [percentage], costs and 
            surcharge.
            U.S. ATTORNEYS OFFICE
            FINANCIAL LITIGATION UNIT
            [Office Address]
            [City, State ZIP][Date]
            U.S. DISTRICT COUT
            DISTRICT OF []
            [] Court No. []
    
    UNITED STATES OF AMERICA, U.S. CLERK OF COURTS, U.S. DISTRICT COURT FOR THE 
DISTRICT OF [District].
I CERTIFY, That the foregoing is a correct Abstract of the Judgment entered or 
registered by this Court.
Dated at [City, State],
[Month Day], [Year]
[Clerks Name], CLERK OF COURTS
By ___________________, Deputy Clerk

13. Petition for Remission or Mitigation (Cover Letter to Non-Owner Victims)

Dear [Victim]:
Re: Petitions for Remission or Mitigation of Non-Owner Victims, 28 C.F.R.  9.1 
et seq. (copy attached for your information)
It has come to our attention that you may be a victim of the crime for which 
[Defendant(s)] was/were convicted in case number _____ on [Date], that is a 
violation of [Specify crime(s) of conviction], or of a "related offense" 
[Describe the related offense, if appropriate].
I have attached a model petition for your use, should you believe you are 
entitled to file a petition as a non-owner victim pursuant to the attached 
regulations.
[The following statements may or may not be appropriate, depending on the 
victim/witness corrdinators knowledge of the circumstances of the potential 
petitioner and the facts of the case:]
For your information, I am providing the following information about certain 
property seized by the United States: [Date and location of seizure, seizing 
agency, and asset identifier number of property that victim lost.]
Also, for your information, the following documents are already in the 
possession of the U.S. Attorneys Office and need not be provided as part of any 
petition you might file: [Documents that are in the USAOs possession, that are 
necessary to the potential petitioners case, and that the potential petitioner 
is likely to have trouble producing on his/her own.]
Sincerely,
[Signature]
[Name]
Victim/Witness Coordinator

Enclosure: 28 C.F.R.  9.1 to 9.9
Appendix C
Additional Victim Assistance Resources
Many organizations provide assistance and support to fraud victims. Victims 
should be advised of these options, including the telephone number, Internet 
address, and a description of the services they can expect to receive from the 
organization. 
A. Licensing, Reporting, and Investigation
Commodity Futures Trading Commission (202) 418-5000
3 Lafayette Center
1155 21st St., N.W.
Washington, DC 20581
http://www.cftc.gov
Describes conduct that violates federal commodities law and offers a 
questionnaire form for reporting possible violations.
Council of Better Business Bureaus, Inc. (703) 276-0100
4200 Wilson Blvd., Suite 800
Arlington, VA 22203-1838
http://www.bbb.org/about/aboutCouncil.html
Provides referrals to local Better Business Bureaus and information on services 
available.
Federal Trade Commission (202) 326-2222
Public Reference Section 
Division of Marketing Practices
600 Pennsylvania Ave., N.W., Suite 130
Washington, DC 20580
http://www.ftc.gov
Provides information on ways to avoid consumer fraud.
National Health Care Anti-Fraud Association (NHCAA) (202) 659-5955
1255 23rd Street, N.W.
Washington, DC 20037-1174
http://www.nhcaa.org
Provides an information-sharing network to aid in the investigation of health 
care fraud; assists law enforcement agencies in their investigation and 
prosecution of health care fraud (primarily fraud committed by health care 
providers); conducts national seminars to educate the public and private sectors 
on effective methods of combating health care fraud; and expands the 
investigative capabilities of health care reimbursement organizations (private 
and governmental) through education in the detection, investigation, 
prosecution, and prevention of health care fraud. 
Securities and Exchange Commission (202) 942-7040 
Public Information Office
450 Fifth St., N.W.
Washington, DC 20549
http://www.sec.gov
Offers "Investor Alerts" announcing SEC enforcement actions and warnings about 
widespread fraud schemes.
U.S. Postal Inspection Service (312) 983-7900
Fraud Complaints Section
433 West Harrison St.
Chicago, IL 60669-2201
http://www.usps.gov/fyi/welcome.htm
Provides consumer protection information, files and investigates crimes 
involving the use of postal services, and provides information on mail-related 
complaints filed against businesses and individuals. The Internet site offers 
excellent descriptions of different types of fraud.
B. National Hotlines
Consumer Credit Counseling Service (800) 388-CCCS or
http://www.imon.com/cccs (202) 682-1500
Offers free and confidential budget and debt counseling and debt management 
plans.
Federal Government Information Center (800) 688-9889
Provides assistance in obtaining government agency phone numbers.
National Fraud Information Center (800) 876-7060
http://www.fraud.org
E-mail: fraudinfo@psinet.com
Takes consumers reports of telemarketing and Internet fraud and relays them to 
a variety of law enforcement agencies, and provides consumers with advice on how 
to identify and avoid telemarketing and Internet fraud. Professional counselors 
are available to speak to victims in English or Spanish. Information and 
statistics from the database can be requested by victim/witness coordinators and 
other law enforcement personnel. 
National Futures Association (800) 676-4632
http://www.nfa.futures.org
Maintains the registry of professionals registered with the Commodity Futures 
Trading Commission, serves as a clearinghouse for consumer complaints and 
federal regulatory action, and provides information about investing.
National Insurance Crime Bureau (800) TEL-NICB 
http://www.nicb.org
Takes and investigates complaints of insurance fraud (excluding Medicare and 
Medicaid), including medical and vehicular. Also provides consumer protection 
information. 
Online Public Education Network Project (Project OPEN) (800) 466-OPEN
http://www.isa.net/project-open/priv-broch.html
Offers the free brochure "Protecting Your Privacy When You Go Online" for 
consumers concerned about privacy in cyberspace.
Securities and Exchange Commission Consumer Hotline (800) SEC-0330
http://www.fedworld.gov
Maintains a registry of professionals registered with the SEC, provides 
information on complaints filed against investment firms and individuals and on 
federal regulatory actions, and provides consumer investment information.
Social Security Administration Fraud Hotline (800) 269-0271
Takes reports of social security number misuse, especially incidents relating to 
fraud.
U.S. Department of Health and Human Services (800) HHS-TIPS 
Office of the Inspector General
Fraud Division
http://www.os.dhhs.gov
Takes and investigates reports involving Medicaid, Medicare, Social Security, 
home health care, Food and Drug Administration, welfare, food stamps, and other 
programs administered by HHS.
U.S. Postal Service Crime Hotline (800) 654-8896
Takes reports of and investigates crimes that involve the U.S. Postal Service, 
including mail fraud, pornography, and drug transactions by mail, and also 
provides information on complaints filed by consumers against businesses or 
individuals.
C. Victim Assistance
The following national victim advocacy organizations provide referrals to 
federal, state, and local victim assistance services and programs.
Community Elder Care Locator (800) 677-1116
Provides community resources to assist elderly persons. 
National Organization for Victim Assistance (800) TRY-NOVA
1757 Park Road, N.W.
Washington, DC 20010
http://www.aoa.dhhs.gov/aoa/dir/184.html
Maintains a database of victim-related programs and services around the nation 
for victim referral. 
National Victim Center (800) FYI-CALL
2111 Wilson Blvd., Suite 300
Arlington, VA 22201
http://www.nvc.org
Maintains a database of victim-related programs and services around the nation 
for victim referral. In addition to providing programs and services, the 
National Victim Center also houses the Centers Victims Litigation Project 
(CVLP), which helps crime victims find restorative justice through the civil 
justice process. Victims can be referred to legal counsel through the CVLPs 
nationwide network of attorneys and civil expertsthe Coalition of Victim 
Attorneys and Consultants (COVAC). The CVLP also seeks to inform and educate 
attorneys, prosecutors, legal experts, victim service providers, victims, and 
others about issues surrounding civil litigation.
D. Additional Resources
American Association of Retired Persons (202) 424-3410
National Office
601 E St., N.W.
Washington, DC 20049
http://www.aarp.org
Regional Offices
AARP Northeast Region Consumer Representative Phone (617) 723-7600
(CT, DE, ME, MA, NH, NJ, NY, PA, RI, VT) Fax (617) 305-0444
One Boston Place, Suite 1900 
Boston, MA 02108
AARP Southeast Region Consumer Representative Phone (404) 888-0077
(AL, DC, FL, GA, KY, MD, MS, NC, PR, SC, TN, WV, VA, VI) Fax (404) 888-0902
999 Peachtree Street, N.E., Suite 1650
Atlanta, GA 30309
AARP Midwest Region Consumer Representative Phone (773) 714-9800
(IA, IL, IN, MI, MN, OH, ND, NE, SD, WI) Fax (773-714-9927
8750 W. Bryn Mawr Avenue, Suite 600
Chicago, IL 60631
AARP Southwest Region Consumer Representative Phone (214) 265-4060
(AZ, AR, CO, KS, LA, MO, NM, OK, TX, UT) Fax (214) 265-4061
8144 Walnut Hill Lane, Suite 700 LB-39
Dallas, TX 72531-4316
AARP West Region Consumer Representative Phone (206) 526-7918
(AK, CA, GU, HI, ID, MT, NV, OR, WA, WY) Fax (206) 526-7918
9750 Third Avenue, N.E., Suite 400
Seattle, WA 98115
Serves as an advocate for the rights of the elderly and provides numerous 
services, including financial information programs and consumer tip sheets.
Mail Preference Service Telephone Preference Service
Direct Marketing Association Direct Marketing Association
P.O. Box 9008 P.O. Box 9014
Farmingdale, NY 11735 Farmingdale, NY 11735
Removes names from most national mailing and phone lists if requested in 
writing. See sample letter provided in Appendix B.
National Charities Information Bureau (212) 929-6300
19 Union Square West
New York, NY 10003
Provides verification of registered charities and takes complaints of fraudulent 
charity solicitations.
National White Collar Crime Center (800) 221-4424
1001 Boulders Parkway, Suite 450
Richmond, VA 23225
Through funding from the U.S. Department of Justice, Bureau of Justice 
Assistance, the National White Collar Crime Center provides national support for 
the prevention, investigation, and prosecution of white-collar and economic 
crimes. Services include sharing information on cases, on investigations, and on 
organizations suspected of involvement in economic crimes; limited financial 
assistance to selected multijurisdictional member agency investigations; 
training and research; and partnership development.
Privacy Rights Clearinghouse (619) 298-3396
5384 Linda Vista Rd., #306
San Diego, CA 92110
http://www.privacyrights.org
Provides information and referrals for technology-related privacy issues. Also 
offers a series of publications (in English and Spanish) on telemarketing, 
identity theft, and other consumer fraud issues. Publications may be downloaded 
from its Internet site or requested by mail.
E. State and Local Governmental Agencies, Consumer Protection Agencies, and 
Professional Associations
State attorneys general also provide consumer information about fraudulent 
practices and, in some cases, work cooperatively to investigate complaints of 
fraudulent acts with federal investigative and prosecutorial agencies. Some 
offices of state attorneys general have victim assistance units or specialized 
fraud units and may be able to provide local assistance to address some federal 
victims need for state- or community-based financial and emotional support. 
State and local consumer protection agencies are a good source of information 
regarding local fraud schemes, providing printed consumer tips (often printed in 
several languages and available free or at a reduced charge) to avoid initial 
victimization. They also conduct workshops and public awareness events for 
professionals who work with fraud victims and for potential or already defrauded 
victims.
Some local and state bar associations have volunteer legal programs to assist 
low-income or elderly victims with legal matters. Many such associations conduct 
free workshops and seminars on bankruptcy and other legal matters.
State and local professional associations often provide services and conduct 
informational seminars about fraudulent practices or consumer protection at no 
cost or for a reduced fee. Professional associations include those established 
for accountants, physicians, investment brokers, bankers, financial advisors, 
and real estate and insurance agents. 
Appendix D
Common Fraud Crimes and Tips for Reducing Revictimization
The term "fraud" does not describe just one crime. It is, rather, a catch-all 
phrase used to describe any number of criminal acts designed to deliberately 
deceive consumers with promises of goods, services, or other financial benefits 
that do not exist, were never intended to be provided, or were misrepresented. 
The number of fraudulent schemes (and their variations) is limited only by the 
imagination of fraud perpetrators. This appendix is designed to provide 
victim/witness coordinators with a general overview of the most commonly 
perpetrated fraudulent schemes and practices. This list is not intended to 
include all fraud crimes, but it will alert victim/witness coordinators to some 
of the crimes encountered by the victims they serve.
Each fraud crime overview is followed by information to help victim/witness 
coordinators understand who the targeted victims are, along with some simple 
consumer protection tips and suggestions that coordinators may wish to relay to 
victims to help decrease the risk of repeat victimization. 
Overviews are provided for the following fraud crimes:
Advance fee schemes
    Bank examiner schemes
    Computer and Internet fraud
    Credit card fraud
    Financial planning fraud
    Health care fraud
    Home repair fraud
    Identity fraud
    Insurance fraud
    Investment fraud (including securities fraud)
    Mail fraud
    Planned bankruptcy schemes
    Ponzi schemes
    Pyramid schemes
    Real estate fraud
    Telemarketing fraud
    Shorter overviews are provided for the following fraud schemes:
Art fraud
    Bank-draft scams
    Car-related fraud
    Diploma fraud
    Employment agency fraud
    Home equity scams
    Phony inheritance scams
    Work-at-home fraud
    Additionally, at the conclusion of the appendix, a list of consumer protection 
agencies, their contact numbers, and samples of fraud-related resources are 
provided. Victim/witness coordinators may wish to contact the listed agencies to 
order free publications and fraud alerts that can be used in public awareness 
campaigns, distributed to fraud victims, and handed out at criminal 
justice-based and community-oriented training events. 
A. Most Common Forms of Fraud
1. Advance Fee Schemes
The common definition of an advance fee scheme is one where a fee is secured in 
advance for products or services that will be provided at a later date but that, 
in fact, the fraud criminal does not intend to provide. These are some of the 
more common advance fee schemes:
Promising to locate buyers, sellers, or investors for businesses, property, 
    securities, collections, or other assets owned by the consumer
    Charging a fee to locate and secure sources of credit or capital for new 
    business ventures or people who are unable to obtain new or additional 
    credit because of low or damaged credit ratings
    Requiring consumers to pay a fee before taking possession of a product or 
    service which does not exist, such as free or reduced vacation travel 
    packages, time- shares, and lifetime memberships in health and fitness 
    clubs, dancing clubs, etc.
    Commonly Targeted Victims
Investors, owners, or sellers who are trying to sell businesses, real estate 
    located in less than desirable locations, or collections (art, jewelry, 
    coins, precious metals, or gems, etc.) for which the market may be lean or 
    limited
    People who have limited access to credit and need to finance the purchase of 
    property or automobiles or need investment capital
    Victims who live in areas hard hit by natural disaster. For example, a con 
    artist chooses an area hit by floods and sets up an office under the 
    pretense that he is acting as the agent for a large financial organization, 
    insurance company, or disaster relief program that helps victims rebuild 
    their homes and businesses. For providing this link to credit, the con 
    artist may charge anywhere from 10 percent to 25 percent of the financing 
    sought as his fee for helping the client obtain financing that will never 
    materialize.
    Once the advance scheme operator has bilked all the consumers he can in one 
location, he picks up his mobile shop and moves on to the next location.
Consumer Protection Tips
Verify the legitimacy of any individual claiming to act as an agent of a 
    company, along with the company the individual claims he or she represents, 
    through county, state, or federal licensing or regulatory agencies and with 
    the Better Business Bureau. Where possible and practical, check with local, 
    state, and federal Clerks of Court (in the jurisdiction where the company is 
    licensed) to determine what, if any, civil action has been taken against the 
    company or organization asking the consumer to pay an advance fee.
    Be wary of free introductory lessons, memberships, and classes, which often 
    serve as a hook to get consumers contact information for additional 
    solicitation.
    Do not pay advance fees unless absolutely necessary, and if requested, pay 
    only the minimum amount possible.
    Charge advance fees to credit cards so that if the service or product is 
    never delivered, the charge can be disputed, canceled, or reversed.
    Demand that all correspondence and contracts be in writing, and have all 
    paperwork reviewed by an attorney. 
    Choose to make weekly or monthly payments directly to the spa, gym, health 
    club, or other such business.
    Refuse lifetime memberships since there is no guarantee how long the 
    business or company will remain in business.
    
2. Bank Examiner Schemes
The perpetrator of a bank examiner scheme pretends to be a bank examiner or law 
enforcement officer (often producing fraudulent documentation to support his or 
her claim). The perpetrator contacts victims, normally by phone, and asks that 
they aid the bank or law enforcement agency in an internal investigation to 
catch a dishonest bank employee. The targeted victim is then asked to withdraw 
money from his or her bank account (so as not to raise the suspicions of the 
dishonest bank employee) and to give the money to the perpetrator, who will 
record the moneys serial numbers or mark it so that when it is spent by the 
dishonest bank employee, it can be traced easily. Once the perpetrator receives 
the money, he or she is never seen again. 
Commonly Targeted Victims
Typically the perpetrator obtains information about bank customers by 
approaching them directly or by observing written documents in the customers 
possession, such as bank statements or check imprints. Sometimes the information 
comes from a confederate working in the bank. 
Consumer Protection Tip
Banks and law enforcement officers do not enlist the help of customers or 
private citizens to catch embezzlers or thieves. They have internal security 
staff to handle such matters. Report any solicitation to the bank in question 
and to local law enforcement officials immediately.
3. Computer and Internet Fraud
This type of fraud is on the rise. As consumers and business owners become more 
dependent on computers to assist with running businesses and personal lives, the 
potential for computer fraud rises dramatically. Through the use of computers, 
fraud perpetrators can steal classified information, funds, client lists, 
copyrighted programs, consumers personal information, and other valuable data. 
These criminals often sabotage computer systems by destroying data, entering 
inaccurate data, or planting a computer virus. With the increasing use of the 
Internet, fraud artists have yet one more means of contacting and defrauding 
consumers by selling nonexistent or shoddy merchandise and accessing personal 
information to perpetrate other crimes, such as identify theft and credit card 
fraud. 
Commonly Targeted Victims
Potentially, anyone whose name or business is maintained in a computer 
    database
    Individual consumers who purchase goods or services through the Internet
    Consumer Protection Tips
Make sure data is housed or transmitted in encrypted files to limit 
    fraudulent access.
    Do not provide any personal informationsuch as social security number, 
    credit card number, date of birth, or addressuntil you have thoroughly 
    checked out the individual or business. 
    4. Credit Card Fraud
Credit card fraud occurs when an unauthorized individual steals or otherwise 
obtains a consumers credit cards or credit card information to obtain 
replacement or new credit cards. Once in possession of the new cards, thieves 
run up massive debt before leaving town to avoid detection. Here are some of the 
ways perpetrators obtain credit card information:
Picking discarded receipts or carbons out of trash cans to obtain the card 
    number and expiration date, then contacting the credit card company to ask 
    that a replacement be sent to a specified address because the card was 
    damaged or mutilated
    Making extra imprints of cards for personal use or to sell 
    Calling consumers announcing they have won or been selected to receive free 
    or unbelievably low-priced merchandise or travel packages, then requiring a 
    credit card number "for identification purposes only"
    Removing credit card offers or billing statements from a consumers mailbox 
    to obtain new credit cards under the consumers name or to get the account 
    information necessary to request the replacement of lost or damaged cards
    Commonly Targeted Victims
Individual consumers
    Small businesses
    Consumer Protection Tips
Read credit card company disclaimers to fully understand all legal 
    liabilities in the event a credit card is lost or stolen, along with 
    procedures to report the loss or theft of the card. 
    Demand copies of all carbons used in credit card transactions. Destroy 
    carbons by tearing them into small pieces.
    Refuse to give out credit card information if required in order to receive 
    free or low-cost promotional prizes.
    Save all credit card receipts and compare them to billing statements as soon 
    as they arrive to detect any unauthorized activity in the account. Report 
    any such activity immediately to the credit card company by phone. Follow up 
    with written notification.
    Remove mail from home and business mail receptacles as soon as the mail is 
    delivered.
    Tear all billing statements and related account correspondence into small 
    pieces before discarding.
    Report lost or stolen cards immediately upon learning of their loss.
    Sign new credit cards as soon as they are received. If the credit card 
    company offers to place the cardholders picture on the credit card, take 
    advantage of this service.
    Carry credit cards separately from checks or billfolds.
    Avoid signing a blank receipt. Draw a line through any blank spaces on the 
    receipt above the purchase total before signing.
    Notify credit card companies of a change in address well in advance.
    In cases of credit card theft or unauthorized credit card use, instruct 
    credit reporting agencies to flag the file with a warning to contact the 
    victim directly before processing any new requests for credit or changes of 
    address. Ask the credit card company to assign new personal identifiers and 
    to issue credit cards with new numbers to replace lost or stolen ones.
    5. Financial Planning Fraud
Changes in tax laws and a desire to plan ahead for retirement has caused more 
people to use the services of financial planners. However, the financial 
planning industry is virtually unregulated, thus creating a favorable climate 
for untrained, unlicensed, and unscrupulous fraud artist to set up shop and 
offer financial planning advice. At its best, financial planning fraud can 
position victims holdings in unsuitable investments, resulting in substantial 
financial losses. At its worst, the money is collected but never invested. Once 
the perpetrator has collected enough money for his or her purposes or fears 
detection, he or she closes up shop and moves to another city or town or 
declares bankruptcy.
Commonly Targeted Victims
Fraudulent planners tend to target individual consumers looking for investment 
opportunities to increase their financial securityoften younger consumers who 
are beginning to establish families and experience professional growth or older 
consumers concerned about retirement incomes.
Consumer Protection Tips
Request and check several references, even if the referral is made by a 
    friend, family member, or business associate.
    Conduct a personal interview with the potential financial planner. Interview 
    and check the references of several financial planners before making a final 
    decision. Ask for the names of several clients, and ask them about their 
    experience with the financial planner.
    Ask to see sample financial plans.
    Find out the cost of the service. If a commission is involved, carefully 
    monitor investment statements to ensure that "churning" (excessive, 
    unauthorized activity) has not taken place to increase commissions to the 
    financial planner.
    Check out degree and licensing requirements (and determine whether the 
    financial planner has a Certified Financial Planner designation, which 
    indicates some degree of professional training) with licensing and 
    regulatory agencies to ensure that the financial planner is in compliance 
    with all county, state, and federal licensing requirements. Ask if any 
    disciplinary action has been taken against the person by the licensing or 
    regulatory agency.
    Determine whether the financial planner is a member of any professional 
    associations, and check out his or her character and reputation with the 
    association. Also, contact the school from which the financial planner 
    claims to hold a degree to ensure that he or she is in fact degreed in the 
    specialty claimed. 
    6. Health Care Fraud
The National Health Care Anti-Fraud Association defines health care fraud as 
intentional deception or misrepresentation designed to result in an unauthorized 
payment of health benefits to an individual, entity, or third party. The most 
common forms of health care fraud involve the filing of a bill for (1) 
health-related services or supplies that were provided only in part or not at 
all, (2) superior medical supplies when substandard supplies were used, or (3) 
unnecessary tests and procedures. Health care fraud crimes also include 
institutional fraud, which is committed by certain hospitals, laboratories, and 
clinics, all or part of whose basic business operation revolves around 
fraudulent acts. 
Health care fraud also includes the selling of bogus health care products and 
treatments to consumers through direct mail and telemarketing venues. These 
bogus products and treatments may include medications, tonics, vitamins, or 
other gimmicks that guarantee the loss of weight, the growth of hair, loss of 
cellulite, or cures for such illnesses as cancer, arthritis, or AIDS.
Commonly Targeted Victims
Insurersboth private sector and government-sponsored health care payment 
    programs, such as Medicare, Medicaid, CHAMPUS, and Tricare
    Self-insured companies
    Individual patients, who may be required by insurers to pay all or part of 
    fees for (1) services and diagnostic testing that were not required or 
    compatible with the reported diagnosis and (2) services and diagnostic 
    testing procedures that were never provided or for which exorbitant fees 
    were charged
    According to the National Health Care Anti-Fraud Association, health care fraud 
places some patients at an increased risk for physical and emotional danger if 
the scheme involves using substandard medical products but billing for better, 
more expensive products. Examples of this may include using defective pacemakers 
or catheters during heart surgery, which can result in patient death, additional 
surgeries to replace defective or substandard products, and unnecessary tests 
and procedures that may increase fragile patients risk of injury or death.
Consumer Protection Tip
Review all bills for health-related care to identify services that were not 
    rendered or appear to be unnecessary (such as an eye exam if the consumers 
    complaint was arthritis) and charges for supplies never received. Be aware 
    of double-billing for the same service or product. Report all disputed 
    charges, in writing, to the physician or entity providing the service or 
    supplies. 
    7. Home Repair Fraud
Fraudulent home repair contractors use a variety of ploys to deceive homeowners 
into paying substantial amounts of money for work that may never be performed, 
is not needed, or, if performed, involves the use of inferior products (billed 
at the price for superior products). Most home repair con artists are likely not 
to be registered in the county or state in which they operate their scheme, 
making it hard for law enforcement officials to track and arrest them. They 
often avoid detection by remaining mobile and changing the name of their 
business and the nature of their repair as they travel from one location to 
another. These are some common home repair frauds:
Soliciting homeowners through door-to-door sales pitches to repair 
    driveways, roofs, or siding or to paint a homes exterior or interior, 
    making promises of deeply discounted work or materials due to the possession 
    of excess building materials from previous jobs
    Preying on the trust of homeowners by learning and using the names of 
    neighbors as satisfied customers (most often, such work was never solicited 
    or performed)
    Using substandard building materials and supplies while billing for products 
    that are of a superior quality or were not purchased at all
    Posing as state or county inspectors to conduct fraudulent home inspections 
    in which damage or the need for repair is sure to be found, then continuing 
    the scheme by providing a referral to a repair service contractor who is a 
    confederate of the con artist
    Requiring a down payment prior to the start of the job
    Quoting a low price for the work to be done, but then, when the work is 
    completed, presenting a much higher bill covering work that was allegedly 
    needed and completed, though without the homeowners consent
    Offering a deeply discounted price on the condition that the majority of 
    homeowners in the neighborhood take advantage of the offer. The con artist 
    then pressures neighbors into signing up for the service so that other 
    interested neighbors do not lose the opportunity to have the work done at a 
    discount. This "sell" is often accompanied by a request for a sizable down 
    payment
    Home repair fraud perpetrators often prey on the victims of natural disasters, 
who are desperate to repair severely damaged homes and businesses. Perpetrators 
of this type of scam sometimes promise targeted victims that they will be placed 
in a priority status for repair if they pay a deposit, on the spot, to hold the 
repair companys time. The perpetrators may say they have been approved by the 
victims insurance carrier to do the work and that other estimates are not 
needed. Additionally, senior citizens are often targeted for home repair schemes 
because they may have ready cash with which to pay for repairs or to make the 
required down payment, often live alone, and are socially or geographically 
isolated from family members. Those conditions reduce con artists risk of 
detection and make it unlikely that their references will be verified.
Consumer Protection Tips 
Get detailed estimates from other repair or contracting companies in the 
    area.
    Require references, check them out, and where possible, inspect other work 
    the contractor claims to have completed. 
    Verify that the contractor is insured. Ask to see the policy, or ask for the 
    phone number of the insurance company. 
    Check with city, county, state, and other licensing agencies to learn of 
    licensing, insurance, and bond requirements, and ask if the contractor is in 
    compliance with those requirements.
    Do not be pressured by door-to-door or telephone sales pitches that require 
    you to commit to a contract on the same day in order to take advantage of a 
    specified offer. Legitimate businesses will allow consumers time to check 
    references and licensing, insurance, and bond compliance.
    Ask the contractor what states his or her company is licensed to work in. 
    Check with local state and federal Clerks of Court in those jurisdictions to 
    determine if liens or other civil actions are currently pending or 
    previously registered against the company or individual contractor.
    Check with local chapters of the Better Business Bureau or local consumer 
    protection agencies to determine if they have received any complaints 
    against the company.
    Insist on a complete, written contract that specifies the work to be 
    performed, the materials to be used, and any procedures for amending the 
    contract to authorize other repair work that may be needed to complete the 
    originally contracted job.
    Learn about cancellation rights contained in the contract, normally three 
    business days after the signing of the contract. These rights can be 
    verified with local consumer protection or licensing agencies.
    Arrange to pay for the work in increments that coincide with the stages of 
    repair or construction (called construction draws). Arrange for the final 
    payment of work to be made only after the work is completed and inspected. 
    Do not pay a deposit unless necessary, and then only advance enough money to 
    allow for the purchase of initial supplies. 
    Review all bills, and where necessary, call the supplier to ensure that 
    prices have not been inflated.
    Visually inspect materials to ensure that the materials billed for have in 
    fact been purchased.
    8. Identity Fraud
Identity theft is on the rise. Using a variety of methods, criminals steal 
credit card, drivers license, social security, checking account, savings 
account, and investment account numbers; ATM, credit, debit, check, and 
telephone calling cards; and other key pieces of an individuals identity. The 
thieves use the information to impersonate their victims, spending as much money 
and accumulating as much debt as they can before being detected. They then move 
on to their next victim. Even though victims are not normally saddled with 
paying their imposters bills, they are often left with a bad credit report and 
must spend months and even years regaining their financial health. In the 
meantime, they experience trouble writing checks, securing loans, renting 
apartments, and even getting jobs. 
Commonly Targeted Victims
Any consumer can become a victim of identity fraud if personal and financial 
information is obtained by fraudulent perpetrators. The risk of victimization is 
often increased by the following:
Telemarketers or mail fraud artists who secure the credit card numbers or 
    other forms of personal identification from victims directly
    Payment envelopes that list credit card account numbers on the outside
    Consumers who allow persons to "shoulder surf" (look over their shoulders) 
    as they stand in line at banks and ATM machines, increasing the opportunity 
    for fraudulent perpetrators to learn personal identification numbers (PINs) 
    or account numbers
    Consumers who use the goods and services of a legitimate company that sells 
    their identity on the open market
    Consumer Protection Tips
Have ones name removed from national mailing, marketing, and phone lists. 
    Written requests should be mailed to: Mail Preference Service, Direct 
    Marketing Association, P.O. Box 9014, Farmington, NY 11735, or Telephone 
    Preference Service, Direct Marketing Association, P.O. Box 9008, Farmington, 
    NY 11735. (See sample letters in Appendix B.) 
    Never give out personal or financial information unless a previous, 
    satisfactory relationship has been established with an individual or 
    business.
    Contact creditors to close savings, checking, charge, and other accounts 
    where fraud activity has occurred. Request that new checks, credit cards, 
    ATM cards, and debt cards be issued.
    Ask national and local credit reporting agencies to flag the credit file 
    with a block that prevents any new credit applications from being approved 
    without the consumers approval.
    Request that national and local credit reporting agencies not enter changes 
    of address without first verifying that the consumer made the request.
    Request that national and local credit reporting agencies place a letter in 
    the credit file stating that the account or file has been subject to 
    fraudulent acts.
    If identify theft has occurred, change personal identifiers on credit card 
    accounts and credit files so that when a fraudulent application for credit 
    or request for authorization for purchase is received, fraudulent activity 
    will be easily traced.
    Routinely review credit files, checking, savings, and investment statements 
    so that any fraudulent activity can be seen immediately or as soon as 
    possible after it takes place.
    9. Insurance Fraud
Claiming affiliation with legitimate insurance companies, fraudulent operators 
sell bogus insurance policies to targeted victims. Bogus policies may be 
purchased for benefits relating to health care, fire, mortgage, flood, life, 
disability, funeral, automobile, and other situations. Insurance premiums and 
claims for reimbursement are paid or presented directly to a fraudulent agent. 
Premium payments are not paid to the carrier, and claims for payment are not 
forwarded for processing. Rather the "agent" pays claims with the money he 
collects from premiumsmuch like a Ponzi scheme. Insurance fraud such as this 
can run successfully for a long time before the fraud is detected. This normally 
occurs when claims exceed the premiums collected, the perpetrator disappears, 
and the consumer files a claim with the company, only to learn that no such 
policy is in effect or that for the particular illness is not covered under the 
terms of the policy. 
Commonly Targeted Victims
Individuals identified through door-to-door solicitations, especially 
    elderly, low-income, or non-English speaking consumers
    Individuals named in client lists of legitimate insurance carriers
    Individuals who respond to direct mail or television advertisements
    Consumer Protection Tips
Learn as much as you can about the company, as opposed to the agent. Contact 
    the insurance commission in the state where the companys home office is 
    located, as well as the insurance commission in the state where the policy 
    is being sold, to determine if the company is licensed (or admitted) to sell 
    insurance and whether any consumer complaints or state disciplinary actions 
    are pending against it.
    Pay attention to the premium cost quoted and what is covered under the terms 
    of the policy. Be sure you understand what terms like "deductibles," 
    "copayments," and "contributory negligence" mean in the particular policy 
    under consideration. Make sure cancellation provisions pertaining to both 
    the insurer and policyholder are fully understood.
    Look carefully at policies providing specialized insurance; hidden clauses 
    may restrict payment. For example, no benefits may be payable during the 
    first six months of coverage, or only certain medical services may be 
    reimbursable. 
    Dont sign anything until the details of the contract, terms of payment, and 
    covered benefits are fully understood. 
    If it is difficult to obtain payment of a claim, contact the state insurance 
    commission for review or intervention. 
    Make payments and file claims for reimbursement directly with the 
    companynot with the agent.
    10. Investment Fraud (Including Securities Fraud) 
Each year, thousands of consumers put money into investments. Of these 
investments, the North American Securities Administrators Association estimates 
that over $10 million is lost to fraud. Investment swindles include land sales, 
time-shares, securities (stocks and bonds), commodities, futures, gems, precious 
and strategic metals, franchises and distributorships, oil and gas leases, art, 
rare coins, and financial planning services.
Investment scams are sometimes sold by direct mail and print and television ads 
but mostly by phone. Investment fraud perpetrators work from customer lists 
obtained from legal and illegal sources, or they contact victims who have 
responded to ads and are requesting additional information. Investment schemes 
frequently target victims of other fraudulent scams as welloften identified on 
lists perpetrators sell to each other. 
Investment con artists stay abreast of current news and technology trends as 
they plan their schemes. The key to a successful scam is to make it difficult 
for the consumer to evaluate inflated claims. For example, the con artist might 
offer the victim an opportunity to own part of a gold mine. With the price of 
gold selling for double what it will cost the victim to mine, the profit 
potential for the victim will be astronomical, the con artist may say. To 
increase the appearance of legitimacy, he or she may even go so far as to 
register a claim on an old, abandoned mine and gather an old assay from a time 
when the mine was profitable. Once the investment is made, the perpetrator 
absconds with the money or, after hiding the money in an offshore account, 
declares bankruptcy.
Commonly Targeted Victims
There is no common victim profile. Individuals from all walks of life can be 
targeted for investment fraud.
Consumer Protection Tips
Suspect any unsolicited calls about investments. 
    Invest only in businesses or investment opportunities of which you have some 
    knowledge. 
    Avoid any business you know nothing about, no matter how enticing the sales 
    pitch.
    Beware of testimonials for quick or large profits. These are often 
    manufactured by the fraud perpetrator. 
    Be wary of promises of above-average interest rates on tax-free bonds or 
    penny stocks. Watch out for high-pressure sales pitches for other securities 
    or commodities, especially if not given time to receive a prospectus or to 
    check out the individual, company, or investment thoroughly. 
    If the investment is for gold, gems, or rare commodities, have a licensed 
    professional (such as a geologist) review all investment documents 
    pertaining to descriptions, locations, or sample products before investing 
    any money. 
    Do not be pressured by "you must act today" sales pitches. If a company or 
    individual will not give consumers time to check out the investment, it is 
    almost always a scam.
    Have an attorney who is well versed in laws pertaining to investments review 
    all contacts before signing. 
    Check out the company or the individual thoroughly before investing any 
    money. Check with the appropriate licensing and regulatory agencies, such as 
    the Securities and Exchange Commission, state real estate commission, fraud 
    units of state attorneys general, professional associations the company or 
    individual claims to be a member of, Better Business Bureaus and consumer 
    protection agencies, etc. 
    11. Mail Fraud
Direct mail marketing has been a highly successful and profitable tool for 
legitimate companies in every conceivable industry and market. The fraudulent 
perpetrator, however, has copied these direct mail pieces so closely that is 
often difficult to distinguish the legitimate company from the scam operation. 
Mail fraud runs the gamut from bogus sweepstakes and free vacations and 
merchandise to investment opportunities for precious metals. Fraud pieces arrive 
in the mailbox in all shapes and sizes: postcards, envelopes with 
official-looking seals, color brochures, letters of endorsement, etc. In a newer 
mail scam, consumers receive what looks like an invoice for a product or service 
they have not ordered or received. Fraudulent mail perpetrators hope that 
targeted victims will not question the "bill" and will mail a payment as 
directed.
Commonly Targeted Victims
All consumers are at risk for mail fraud.
Consumer Protection Tips
Always be suspicious of unsolicited offers.
    Read the promotional literature carefully for hidden costs or obligations 
    required to purchase merchandise or claim prizes.
    If the price sounds too good to be true, it probably is. Offers for cars, 
    boats, and other expensive items offered at unrealistic prices may result in 
    victims actually receiving a car or a boatbut the car will be a toy and the 
    boat an inflatable raft. 
    Never provide personal information or credit card numbers to claim 
    promotional prizes. A legitimate company will not require you to send money 
    or supply a credit card number to enter sweepstakes or contests. If a direct 
    mail promotion does not state "Does Not Require a Purchase to Win," it is 
    almost sure to be mail fraud.
    Remember that mail fraud con artists often use names similar to legitimate, 
    well-known companies, organizations, or charities. Be sure to ask for 
    materials in writing before mailing any payments or contributions. If in 
    doubt over an offers legitimacy or a charitys authenticity, check it out 
    by contacting the Better Business Bureau, consumer protection agencies, or 
    the U.S. Postal Services Mail Fraud Unit.
    Do not respond to promotions that require you to act before the individual 
    or company can be thoroughly investigated.
    Never send payments to post office boxes.
    Make payments for mail order merchandise with a credit card. The Fair Credit 
    Billing Act allows consumers to withhold payment from the credit card 
    issuer, bank, or other financial services institution if a "good faith 
    effort" to resolve billing issues has been unsuccessful. 
    Review the promotional materials to determine where the companys home 
    office is located. Check with licensing and regulatory agencies, the states 
    attorneys office, and other appropriate sources in that state to verify the 
    legitimacy of the individual or organization or to learn of prior or pending 
    legal or disciplinary action.
    Contact Mail Preference Service, Direct Marketing Association, P.O. Box 
    9014, Farmington, NY 11735, to have consumer names removed from national 
    direct marketing mailing lists. 
    
13. Planned Bankruptcy Schemes
A planned bankruptcy scheme is basically a merchandising swindle based on the 
abuse of credit. In this type of scheme, credit that has been legitimately 
obtained is used to purchase inventory to sell or otherwise dispose of. 
Meanwhile, the perpetrator plans to defraud creditors by not paying the bill, 
loan, or other form of credit, eventually filing for bankruptcy, either 
voluntarily or involuntarily.
In a typical planned bankruptcy scheme, the perpetrator creates a new business, 
opens a bank account, and leases operating space to create a front of 
legitimacy. Operators then begin to order merchandise. The bills for initial 
purchases are paid promptly to establish a favorable credit rating. Then the 
operators begin to purchase additional merchandise from new suppliers, while 
beginning to slow payment to old suppliers. Eventually, increasingly large 
orders are placed with all suppliers. The increased inventory is then sold below 
cost, and the profits are concealed. Once the perpetrator receives payment for 
the merchandise, he or she either absconds with the profits or files for 
bankruptcy.
In some cases, a planned bankruptcy operator will simply purchase an existing 
business with a favorable credit rating, thereby eliminating the need to 
establish a credible business front. 
Commonly Targeted Victims
Merchandisers, lenders, and others who extend credit for the purchase of 
    goods and services (such as print and ad vendors, office equipment 
    suppliers, etc.)
    Business owners who sell their businesses (and good credit rating) to con 
    artists 
    Consumer Prevention Tips
Check with the U.S. Clerk of Court to determine if an individual agent of 
    the company or the company itself has filed for bankruptcy in the past.
    Check with established credit lenders and other vendors to determine how 
    long the business has been in existence.
    12. Ponzi Schemes
Named after Carl Ponzi, who is thought to have invented the scheme, Ponzi 
schemes are basically investment frauds where investors are enticed into a 
business venture with the promise of extremely high returns or dividends in a 
very short period. The investment is never made, but the Ponzi operator actually 
pays dividends to initial investors (by returning some of the investors own 
money) to make the investment appear credible. The payment of the so-called 
dividends induces investors to put up additional funds or to bring friends, 
family members, or business colleagues into the scheme. Once the Ponzi operator 
has collected sufficient funds for his or her purposes, or fears possible 
detection, he or she flees the area with investors money or files for 
bankruptcy after safely hiding the money. Ponzi schemes can be applied to almost 
any business or investment.
Commonly Targeted Victims
Clients who have been involved in other, legitimate business activities with 
    their accountant, financial planner, investment banker, broker, etc.
    Friends, family members, and business associates of targeted victims
    Consumer Protection Tips
Contact local chapters of the Better Business Bureau or local consumer 
    protection agency to determine if consumer complaints have been filed 
    against the investment solicitor or his or her company.
    Contact state and federal licensing and regulatory agencies to determine if 
    disciplinary actions have been taken or are pending against him or her. 
    Review all prospectuses and other related investment literature, and consult 
    with an independent broker, investment firm, or another financial planner to 
    determine the appropriateness of the investment.
    Contact the company or investment brokerage firm directly to ensure that the 
    investment solicitor has in fact made the investment he promised.
    14. Pyramid Schemes 
Pyramid schemes may occur when an individual is offered a distributorship or 
franchise to market a particular product. The investment contract also 
authorizes the individual to sell additional franchises. Promoters of pyramid 
schemes stress the selling of additional franchises for a quicker return on the 
investment to potential investors. Investors, therefore, expend their energies 
selling franchises rather than the product. At some point, the supply of 
potential investors is exhausted, leading to the inevitable collapse of the 
pyramid. The sale of the actual product often fails because it is overpriced or 
no real market exists for it. 
Commonly Targeted Victims
Individuals who have little experience in direct sales, distributorships, or 
    franchise enterprises or who have limited money or credit with which to 
    establish their own businesses
    Friends, family members, and business associates of the targeted victim
    Consumer Protection Tips 
Prior to making a down payment or signing any contract, ask for a list of 
    investors and check the companys or individuals references with investors 
    who were late in joining the venture. Determine their rate of return or 
    success in the sale of the product. Relying on references from investors who 
    invested early on in the scheme may not yield accurate results, as those who 
    invest first normally realize a profit from the selling of distributorships 
    and franchises before the market is saturated with investors.
    Check with competing vendors to determine the market demand for the product 
    or service being offered in the distributorship or franchise.
    Contact local or national consumer protection agencies and Better Business 
    Bureaus to determine if any formal complaints, disciplinary actions, or 
    civil actions have been taken against the soliciting individual or company. 
    Check the credit history of the soliciting individual and the company he or 
    she claims to represent.
    Have the contract reviewed by an attorney well-versed in distributorship and 
    franchise law.
    15. Real Estate Fraud
Real estate frauds are often earmarked by high-pressure sales tactics that 
include half-truths, lies, and misrepresentations. Prospective targets receive 
false information regarding land, locations, value, profitability, validity of 
title, or the scope, nature, or quality of needed improvements. In warmer 
climates, real estate frauds are frequently targeted at individuals looking for 
vacation and retirement propertiesthough those properties may be underwater or 
isolated in rural areas without ready access to water and power. In other real 
estate frauds, potential investors are hooked by claims of valuable mining and 
mineral rights that do not exist. Real estate investors are also defrauded when 
they enter into residential and commercial development projects. Money is put 
up, but the development is never built or goes belly up as the fraud artist 
walks away with investors money.
A common ploy used by some real estate fraud perpetrators is to sell bogus 
time-shares, whereby fraudulent operators place entry blanks and boxes in stores 
or restaurants offering customers a chance to win a free weekend getaway. After 
filling out the entry form, the prospective target receives a phone call to 
schedule an appointment for a high-pressure "sales presentation" or is asked to 
send in a deposit to hold his scheduled weekend. The deposit is guaranteed to be 
returned when the targeted victim checks in. Most often, when money is required 
as part of the free package, the fraud perpetrator absconds with the money, and 
when the victim shows up for his or her free weekend, the real estate 
representative pretends to know nothing of the victims reservation. In other 
cases, the purchase of a time-share does in fact provide the victim with 
opportunities to use the property; however, numerous restrictions make it almost 
impossible to use the time-share as anticipated. For example, the time-share 
property may be available to the victim only during the off-season. 
Today, real estate fraud is big business, and projects of all descriptions and 
sizes have sprung up throughout the nation. 
Commonly Targeted Victims
Retirees looking for retirement or second home sites, and middle-class 
    families seeking vacation homes or time-share properties
    Individuals or businesses looking to purchase commercial real estate
    Individuals or businesses looking for income from investments in residential 
    or commercial development projects
    Consumer Protection Tips
No matter how slick and glossy the brochures and videos are, never invest in 
    property sight unseen. Insist on visiting the site personally.
    Get as much information and documentation as possible, including surveys, 
    inspection certificates, etc. Before signing any contract, the customer 
    should have the materials reviewed by his or her own attorney, preferably 
    one who is well versed in real estate law.
    Complete an extensive background check on the company and the principals 
    offering the property or real estate investment opportunity. Check with the 
    real estate commission in the companys home state and the state where the 
    property is being offered to determine whether the company meets all 
    licensing requirements and whether there are any pending disciplinary or 
    civil actions against the company or any of its principals.
    After verifying the company and its principals, require that all down 
    payments and other transaction-related funds be placed in an escrow account 
    prior to closing.
    Ask for a complete list of investors or clients. Contact several of them to 
    obtain references. 
    Find out about the contract cancellation laws of the state where the 
    property is located. Most states require the seller to release the purchaser 
    from a contract within a specified period after the signing of a 
    contractnormally, anywhere from three to 15 days. 
    16. Telemarketing Fraud
Like direct mail marketing, telemarketing has been a highly successful and 
profitable tool for legitimate companies to sell products in every conceivable 
industry and market. The fraudulent telemarketer, like the fraudulent mail 
marketer, has copied methods and tactics from legitimate companies so closely 
that it is often difficult to distinguish the legitimate company from the scam 
operation. Telemarketing scams are often perpetrated in "boiler rooms"rooms 
where hundreds of workers call consumers throughout the day to sell fraudulent 
products, prizes, and investments. They read from high-pressure, carefully 
worded scripts. Victims may be chosen at random or from carefully compiled lists 
based on age, geographical location, interests, business or occupation, etc. 
Operations are mobile to avoid detection or flee prosecution. The following are 
examples of fraudulent telemarketing schemes:
Callers ask consumers for their credit card numbers because their "marketing 
    company" has a "free" gift for credit card holders, and if they can just 
    verify the credit card number, the "gift will be on its way." 
    A postcard or letter arrives in the mail, announcing that the consumer has 
    won a free prize and that to claim the prize, the consumer should call 
    either a 900 number or an 800 number that then asks the consumer to call a 
    900 number. The consumer pays for the call but receives nothing.
    A letter announces that the consumer has won a free stereo system and that 
    to claim it, he or she must pay a $50 shipping and handling charge. What 
    arrives in the mail is a plastic transistor radio. If a cash prize was 
    promised, it turns out to be a certificate that cannot be redeemed unless 
    the consumer buy hundreds of dollars worth of overpriced, substandard 
    merchandise.
    Callers congratulate a consumer on the free trip or vacation he or she has 
    won, but a "handling fee" or "membership fee" anywhere from $50 to hundreds 
    of dollars is required. In a similar scheme, to get the free trip or 
    vacation, the customer must purchase a second ticket with a credit card.
    Callers offer "free," "prepaid," or "special" deals on magazine 
    subscriptions. The total cost is never mentioned, merely that the consumer 
    will get the magazines for just pennies per week. If the consumer bites, he 
    or she pays hundreds of dollars for subscriptions that normally sell for 
    much less.
    Callers solicit a contribution or attempt to sell products that will benefit 
    a charity or a specified population, such as firefighters, police, or 
    disabled or disadvantaged children. These products often include light 
    bulbs, vitamins, trash bags, or other household or health aids that are sold 
    for up to 20 times their valueall in the name of charity. Fraudulent 
    telemarketers claim to represent charitable organizations, often using names 
    similar to well-known, legitimate charities. For example, they may call 
    themselves the American Kidney Foundation instead of the legitimate National 
    Kidney Foundation, or the American Cancer Center instead of the legitimate 
    American Cancer Society.
    Callers alert consumers of investment opportunities of various kinds, 
    including stocks and bonds, real estate, etc.
    Commonly Targeted Victims
Any consumer is at risk for becoming a victim, but at a higher risk are those 
who 
Respond to advertisements by asking for more information,
    Fill out sweepstakes, contest, or "free promotion" entry forms,
    Have been victimized in the past, or
    Are elderly.
    Consumer Protection Tips
Always request written materials about the company, product, or charity. If 
    they wont send any or say that no materials exist, do not buy or donate.
    Check the telephone directory or call directory assistance to find out if 
    the company is listed. Often, con artists wont have a listing since they 
    move in and out of locations quickly to avoid detection.
    If a charitable contribution is solicited, make sure the charity is 
    registered with the states charitable solicitations office, or contact the 
    Better Business Bureau or local consumer protection agency.
    Never be rushed into buying any product over the phone. If the product, 
    service, or offer of free merchandise has to be purchased or acted upon 
    immediately, decline the offer and hang up.
    Be wary of these phrases or words: free, selected, chosen, entitled, 
    risk-free, life-time membership, approved, instant winner, offer for a 
    limited time only, low-risk, special, bonus, sweepstakes, money-back 
    guarantee, etc. 
    A consumer should never give out personal or financial information over the 
    phone unless he or she has done business with the company in the past and 
    was satisfied, the consumer initiated the call to order something, or the 
    company has been checked through state or local consumer affairs offices, 
    the office of the state attorney general, or the Better Business Bureau. 
    B. Other Examples of Fraud
1. Art Fraud
Fraudulent operators exploit the growing trend to purchase works of art as 
status symbols and investments. The inexperienced victim purchases what he or 
she believes to be an original artwork without having the piece appraised or its 
authenticity verified. The victim often pays an exorbitant amount of money for a 
fake or for artwork that will never appreciate in value.
2. Bank-Draft Scams 
A fraud artist offers a targeted victim anything to get his or her checking 
account number. Using the checking account number, the fraud artist prints an 
unauthorized demand draft (used by insurance and other legitimate companies to 
collect ongoing payments from their customers directly through their checking 
accounts), and deposits it in the bank. This demand draft allows the fraud 
artist to directly withdraw money from the victims checking account. By the 
time the victim sees his or her next statement, the fraud artist may have 
depleted the account. Unauthorized bank drafts are very difficult to detect and 
combat. Because check-processing operations are highly automated, it is nearly 
impossible for a bank to catch a questionable demand draft.
3. Car-Related Fraud
Con artists in these schemes prey upon consumers who have credit problems and do 
not qualify for car loans under conventional terms. A typical scheme includes 
the use of a "credit broker," who charges an advance fee to line up credit for 
the consumer but instead takes the fee and flees or refers the consumer to a 
high-interest loan company. Similar schemes involve a "sublease broker," who 
promises, in exchange for a fee, to arrange for the consumer to "sublet" or 
"take over payment" on someone elses car loan. Since these types of 
transactions are illegal in most states and usually violate the original loan or 
lease, the bank can repossess the car even if the consumer has made all the 
payments. 
4. Diploma Fraud
Career advancement in many instances is tied to educational or degree 
credentials. Fraudulent operators seize opportunities such as these and open 
study-at-home courses or set up schools that are not accredited. The operator 
will claim that his or her school is accredited and that the degrees or 
certificates are bona fide and ask students to pay tuition in advance. In some 
cases, the classes provide poor resources and opportunities for study, while in 
other frauds, the operator takes the advance tuition payment and flees without 
opening a school at all.
5. Employment Agency Fraud
In this scheme, fraud perpetrators usually advertise in the newspaper and claim 
to have an outstanding success rate in placing candidates in well-paying, secure 
jobsfor an advance fee. Once the fee is paid, the fraud perpetrator provides 
the client with the names of some corporations, which usually have not 
contracted with or heard of the fraud artist, or provides the client with a list 
of possible employment opportunities that the fraud perpetrator has compiled 
from various newspapers "help wanted" ads.
6. Home Equity Scams
Congress and many states have passed home equity conversion laws that make it 
easier for older, low-income homeowners to cash in the equity of their homes to 
increase retirement income or pay off debt. Unfortunately, home equity scams 
have become one of the fastest-growing frauds. Fraudulent perpetrators refinance 
mortgages by charging exorbitant interest rates and fees, thus depleting the 
homeowners equity. Some consumers cannot make the higher, new payments on their 
homes and are forced to continue to refinance their homes to meet current 
payments. Eventually, a homeowner may be unable to keep up with the payments, 
and the home is lost through foreclosure. Elderly persons are primary candidates 
for this scheme since their homes have often accumulated high amounts of equity. 

7. Phony Inheritance Scams
Thousands of consumers are targeted each year by fraud artists who call 
themselves research specialists and notify targeted victims that inheritance 
funds have been located in their names. Victims are then lured into mailing a 
fee to secure a copy of a fraudulent "estate report," which supposedly explains 
where the inheritance is located and how it can be claimed. The fraud artist 
then offers to help the victim file his or her claim to the inheritance for an 
additional fee. Usually, no inheritance exists, or if one does, the amount is so 
negligible that it is not worth the fee charged. 
8. Work-at-Home Fraud
A victim is lured into this type of fraud by the promise of high pay earned 
while working in the comfort of his or her home. The victim may also be required 
to purchase materials and equipmentat high pricesfrom the fraud perpetrator in 
order to assemble work products. The typical scam goes like this: A victim 
purchases the materials needed to complete the job on a promise from the fraud 
perpetrator that once the product is assembled, he or she will buy it back from 
the victim and sell it to a well-known retail chain. The victim invests, but the 
fraud perpetrator never buys the product back from the victim, often closing 
shop and moving to a new location. The victim is left with products for which 
there is no market and little opportunity to recoup his or her investment. 
Work-at-home jobs sometimes involve assembling fiberglass hoods for cars; making 
aprons, dollhouses, or plastic signs; or stuffing envelopes.
C. Help from Consumer Protection Agencies to Reduce Revictimization
Many consumer protection agencies offer consumer protection tips, fraud fact 
sheets, and advance warnings of newly identified fraud schemes and practices 
("fraud alerts"), which are designed for mass distribution at community 
awareness events and forums at little or no cost. Many of these resources are 
printed in both English and other languages and can be found on the Internet.
Victim/witness coordinators may wish to contact the agencies listed below to 
determine what resources are available and order samples that can be shared with 
victims, law enforcement personnel, task force members, networking contacts, 
fraud support group participants, state governmental agencies with mandates to 
protect the elderly or disabled, and community action groups that have an 
interest in working with specific populations of potential victims, such as the 
elderly.
On receiving the resources, victim/witness coordinators may want to consider 
distributing the materials though a series of community awareness campaigns to 
address fraud crimes with professionals and community citizens. Local colleges, 
law enforcement agencies, and state and local consumer protection agencies may 
wish to co-host such events. 
Below is a list of agencies that victim/witness coordinators may wish to contact 
for resources, pamphlets, public awareness campaigns, newsletters, and other 
fraud-related resources. Copies of some fraud-related resources are provided at 
the end of this appendix.
American Association of Retired Persons (202) 424-3410
National Office
601 E St., N.W.
Washington, DC 20049
http://www.aarp.org
Produces a variety of free or low-cost fraud-related materials to reduce the 
incidence of fraud crime against senior citizens. Publications include fraud 
alerts, newsletters (Senior Consumer Alert), fraud-specific brochures, and a 
"Stop Telemarketing Fraud" program kit, which provides information and training 
agendas for community public awareness campaigns and events. 
Call For Action (301) 657-8260
5272 River Road, Suite 300
Bethesda, MD 20816
Provides free written information on avoiding the latest scams and cons.
Consumer Action (415) 777-9648
717 Market St., Suite 310
San Francisco, CA 94103
Federal Trade Commission (202) 326-2222
Bureau of Consumer Protection
Office of Consumer and Business Education
600 Pennsylvania Ave., N.W., Suite 130
Washington, DC 20580
http://www.ftc.gov
Produces a free educational campaign called "Spread the Word . . . About 
Telemarketing Fraud," which includes resources for use in public awareness 
campaigns. Those resources include fact sheets; public service announcements; 
press releases; suggested activities for multi-agency, multi-community plans of 
action; and order forms for additional fraud-related resources addressing a 
variety of fraud schemes and practices. Topics include "Automatic Debit Scams," 
"900 Numbers," "Telephone Investments," "Art Fraud," "Dirt-Pile Scams," and 
more. 
MasterCard International Incorpororated (800) MASTERCARD
2000 Purchase Street 
Purchase, New York 10577-2509
National Consumers League (202) 835-3323
1701 K Street, N.W., Suite 1200
Washington, DC 20006
Provides some of its informational, fraud-related consumer brochures free to 
consumers, such as "They Cant Hang UpHelp for Elderly People Targeted by 
Fraud," but also, for a fee, produces and disseminates educational resources 
(videos, reports, etc.) to consumers and professionals who work with fraud 
victims. For example, NCL has produced a 20-minute video containing personal 
stories told by fraud victims and helpful advice for seniors and their families, 
which is available for $20. NCL also runs the National Fraud Information Center 
(contact information and services listed below).
National Fraud Information Center (800) 876-7060
http://www.fraud.org
A hotline operated by the National Consumers League which consumers across the 
nation can call to receive advice and tips on how to spot possible fraud and to 
report it. Prepares and makes available numerous free publications and resources 
related to fraudulent schemes and practices. 
National Futures Association (800) 621-3570
200 West Madison Street, Suite 1600
Chicago, Illinois 60606-3447
Provides free brochures addressing investment fraud, such as the "Investors 
Bill of Rights" and "Investment Swindles: How They Work and How to Avoid Them."
North American Securities Administrators Association (202) 737-0900
555 New Jersey Avenue, N.W., Suite 750
Washington, DC 20001
Provides free brochures to consumers about good investing strategies. Also 
produces informational brochures highlighting investment schemes and practices.
Securities and Exchange Commission (202) 942-7040 
Public Information Office
450 Fifth St., N.W.
Washington, DC 20549
http://www.sec.gov
Provides free "Investor Alerts" announcing SEC enforcement actions and warnings 
about widespread fraud schemes.
U.S. Office of Consumer Affairs (202) 634-4329
1620 L Street, N.W.
Washington, DC 20036-5605
Provides free fact sheets on a variety of fraud-related topics. Also hosts 
"National Consumers Week" to empower consumers through education and 
information.
U.S. Postal Service (202) 268-4267
Inspection Services Department
475 LEnfant Plaza, S.W.
Washington, DC 20260-2100
Provides free tip sheets that highlight current fraud schemes, consumer 
protection tips, and contact information for verifying the legitimacy of offers, 
merchandise, or practices with licensing and regulatory agencies. Additionally, 
the tip sheets provide information about the procedures for filing consumer 
complaints. The U.S. Postal Service also produces the "Take a Bite Out of Crime" 
educational and public awareness campaign featuring "McGruff the Crime Dog" and 
provides these materials free.
D. Additional Resources to Consider
1. National
Credit card companies that participate in fraud awareness campaigns
    Professional associations, which often print brochures describing licensing 
    and consumer protection tips and suggestions
    National credit reporting agencies
    Postal inspectors
    2. State Resources
Departments of consumer affairs
    Offices of attorneys general
    Contractor licensing boards
    Insurance commissioners
    Real estate commissioners
    Departments of health and human services or other state agencies mandated to 
    protect the elderly, disabled, or persons living on low incomes
    Licensing and regulatory agencies 
    Professional associations of accountants, investment bankers, financial 
    planners, etc.
    Better Business Bureau
    Consumer protection agencies
    3. Local Resources
Local sheriffs departments that participate in TRIAD programs (partnerships 
    between agencies, advocacy groups, and sheriffs to address the problems of 
    the elderly)
    Prosecutors offices
    Chapters of the Better Business Bureau
    Credit reporting agencies
    Consumer protection agencies
    E. Samples of Fraud-Related Resources
On the following pages are samples of fraud-related resources. Contact 
information for the providing organizations in listed in Section C, above.

1. American Association of Retired Persons
The American Association of Retired Persons has produced a package called the 
"Stop Telemarketing Fraud Program Kit." The 80+ page document contains 
information to help facilitators conduct anti-fraud training. Included are 
sample agendas; advice on setting dates, times, and locations; materials for 
distribution; promotional guidance; general talking points; and much more. AARP 
also produces various fraud alerts and consumer references. Contact AARP at 601 
E St., N.W., Washington, DC 20049. (202) 424-3410.



2. Call For Action


3. Consumer Action

4. FBI Law Enforcement Bulletin

5. Federal Trade Commission


6. MasterCard



7. National Consumers League



8. National Fraud Information Center


9. North American Securities Administrators Association, Inc.


10. TRIAD


11. U.S. Postal Inspection Service
Appendix E
Designing Victim Impact Statements for Fraud Victims
Due to various policy and jurisdictional issues surrounding the submission of 
victim impact statements (VISs), this appendix does not provide victim/witness 
coordinators with a sample of a fraud victim impact statement. It does, however, 
provide information and recommendations to consider when developing or modifying 
VISs to meet the specific needs of fraud victims. Victim/witness coordinators 
who wish to design a fraud-specific impact statement should work with their U.S. 
Attorney, probation department, court representative, and EOUSA.
A VIS is perhaps one of the most powerful vehicles victims have for becoming 
actively involved in the disposition of criminal cases. As early as 1981, 
researchers, mental health practitioners, and criminal justice professionals 
recognized that victims who receive information about their criminal case and 
are allowed to have input into the justice process experience a higher degree of 
satisfaction with the justice process. One way victims can increase their 
participation in the justice process is through the submission of written VISs. 
Although all states and the federal government have granted victims the right to 
submit written VISs, many victims fail to exercise this right due to several 
factors: 
Fear of defendant retaliation
    Belief that prosecutors and judges will not take the impact statement 
    seriously
    Ignorance of their right to submit a written impact statement 
    Ignorance of the importance of a VIS
    Additional factors for victims reluctance to submit VISs include these:
Indifferent forms that use cold and insensitive language or are written 
    above the victims reading level 
    Multiple forms that must be completed separately and submitted to numerous 
    criminal justice agencies
    Form formats that restrict victims ability to fully recount the emotional, 
    physical, and financial impact of the crime (for example, providing only two 
    or three lines in which to write about the impact of the crime, or asking 
    closed-ended questions to extract information)
    Use of VISs primarily as restitution documents
    Limited explanation of how to complete and submit VISs and how they will be 
    used in the justice process (including who will have access to them)
    Ultimately, a VIS should address the agenda of both the victim and the criminal 
justice system. For a victim, the VIS should serve as a means to
Describe how the crime harmed the victim and his or her family members 
    emotionally and physically,
    Provide information on the victims financial losses as a direct result of 
    the crime, and
    Promote psychological healing, if possible.
    It is important to note that victims of fraud typically do not experience direct 
physical harm as a result of the crime (the most notable exception being cases 
of Medicare fraud where victims health was put at risk or compromised). 
Therefore, questions related to physical harm in fraud crimes might be tailored 
to extract more information about physical impact. For example, the form could 
ask, "Has this crime affected your overall physical well-being? If so, please 
explain."
For the justice system, a VIS should 
Aid judges in determining fair restitution orders,
    Balance the information the court receives about the defendants background, 
    and
    Provide information about the victims need for additional or continuing 
    justice-related support services and referrals.
    A. Important Considerations in Developing a VIS 
When developing a model VIS form and accompanying resources (such as cover 
letters), victim/witness coordinators, in cooperation with their U.S. Attorney, 
representatives of the court, U.S. Probation Department, and EOUSA, should 
consider the following recommendations to increase victims understanding of 
VISs, thereby increasing their submission to the court:
1. Form Design
Research has shown that one of the primary reasons victims fail to submit a VIS 
is poor form design. Many forms provide limited space for victims to respond or 
ask narrowly focused, closed-ended questions. Such a format often conveys to 
victims that those who work in the justice system really are not interested in 
what they have to say. A model form design is one that 
Is easy to read and understand,
    Uses clear, concise language in both its instructions and questions,
    Is at a reading level appropriate to its audience (best not to exceed the 
    ninth-grade grade reading level, and sixth grade is preferable),
    Avoids the use of impersonal language,
    Extracts information using open-ended questions, and
    Provides adequate space for responses.
    2. Introduction of the Victim Impact Statement
A model VIS contains an opening paragraph that explains why the victim has been 
asked to complete the form. This is important since many victims are not 
familiar with a VIS or its uses. The following information should be noted on 
the form itself or in accompanying materials:
The purpose and importance of the VIS
    The statements use in the justice process
    The statements confidentiality (and who will have access to the statement, 
    such as court personnel, the defendant, defense attorney, etc.)
    Victims right to submit a VIS 
    Other allowable formats for submitting a statement (such as video or audio 
    formats, or a letter as opposed to a form)
    Additionally, victim/witness coordinators should provide victims with 
information, where appropriate, on their ability to attend and present oral 
impact statements to the court at the time of sentencing, either in addition to 
or in place of the written statement. Victims should also be told how to request 
the opportunity to present oral VISs.
3. Instructions for the Completion and Submission of a VIS
Victims may be reluctant to submit a VIS if they do not have clear, concise 
instructions on how the form (or other allowable format) should be completed and 
to whom it should be submitted. Instructions may appear on the form itself or in 
an introductory letter. A model VIS includes an instruction section that does 
the following:
Informs victims who is allowed to complete and submit a VIS (victim only, 
    family members, etc.)
    Instructs victims as to where a VIS should be submitted (court, 
    victim/witness coordinator, probation department) 
    Specifies a time frame for submission
    Provides cues or prompts regarding what material might be included in the 
    statement (for example, opened-ended questions, such as "How has this crime 
    affected you, your family, or your relationship with others?" or "How has 
    this crime affected your ability to earn a living?")
    Provides a contact name and phone number to call if assistance is needed in 
    completing the form or if victims have questions
    4. Order of Questions
A model VIS should seek information from the victim on a number of aspects of 
the victims life:
Emotional state
    Social, work, and family relationships
    Physical injury
    Crime-related costs 
    Each statement should begin with a question about the victims emotional state 
or emotional harm to convey a sense of caring by those who work in the justice 
process. 
5. Other Considerations
Some victims will not submit a VIS if they are required to list their personal 
contact information on the form itself, out of fear of retaliation by the 
defendant. Where possible, victims should not be required to place personal 
contact information on the form itself, but rather on a separate cover sheet 
that can be removed (with the courts permission) before distribution to the 
defendant and his or her attorney. If this procedure is allowed, victims should 
be told early on. 
Additionally, VISs should be reproduced in large print for elderly or 
sight-impaired victims and, where practical and necessary, in languages other 
than English. 

B. Sample Cover Letter to Accompany a VIS


[Date]
Dear [Victim]:
Although many crime victims experience similar feelings, questions, and concerns 
as a result of crime, no two victims experience the same emotional, physical, 
and financial impact. Only you can tell those of us involved in your case how 
you or those close to you have been affected by this crime. One way to do this 
is to prepare a victim impact statement. Not all victims are comfortable putting 
their thoughts on paper, and while you have the opportunity to complete an 
impact statement, you are under no obligation to do so.
If you would like to submit an impact statement for the courts review, a form 
is attached for your use. The enclosed form may appear to be impersonal, but 
when it is completed in your own words, it will help to personalize the impact 
this crime has had on you and those close to you. To further assist you, I am 
enclosing a suggestion sheet that may help as you complete your impact 
statement.
Upon receipt of your completed victim impact statement, I will forward it to the 
U.S. Probation Department. The Probation Department may use information gathered 
from your impact statement to help prepare a pre-sentence investigative report 
for the judge hearing your case. Someone from the probation office may contact 
you for additional information. If a probation officer does contact you, please 
respond promptly.
The victim impact statement also provides you with an opportunity to present the 
court with information about the financial costs you may have incurred as a 
result of this crime. Please complete the enclosed financial worksheet and 
return it with your completed impact statement, along with any copies of 
documentation you may have to verify your losses. Your completed form should be 
returned to my office at [Mailing address] no later than [Date].
[Add if applicable:] You also have the right to attend the sentencing hearing 
and request to speak to the judge at the time of sentencing. If you would like 
to do so, please contact me as soon as you receive this correspondence and I 
will assist you in making your request to speak to the judge at the sentencing 
hearing. 
If you have any questions concerning how to complete the victim impact statement 
or how it will be used in the criminal justice system, please call me at 
[Number]. No one knows better than you how this crime may have changed your 
life. Thank you for taking the time to provide us with this important 
information. 
Sincerely,
[Signature]
[Name]
Enclosure
Suggestions for Completing Your Victim Impact Statement
The following suggestions are offered only as a guide to help you to complete 
your written victim impact statement. Please answer as many questions as you 
wish. If you need additional space, please use additional pages and simply 
attach them to the form when you return it.
Only you know how best to describe the effects this crime has had on you and 
those close to you. We realize it may be difficult for you to put this impact 
into words. However, those of us involved in the justice process believe that it 
is very important for the judge in your case to understand all the ways this 
crime has affected you and those close to you. However, you are under no 
obligation to complete the statement if you do not wish to or feel uncomfortable 
in doing so.
You should also be advised that once you submit your statement, it becomes part 
of the defendants permanent file. The judge, prosecutor, and probation officer 
will read your statement, and the defendant and his or her attorney will also 
receive a copy of it. [Add, where appropriate:] However, your personal contact 
information will be removed before the defendant or his or her attorney has a 
chance to review your statement. 
Many victims find it helpful to organize their statement by the emotional, 
physical, and financial impact of the crime. Others find it helpful to write a 
rough draft of their statement before completing the final version. 
If you would like to tell the court about the emotional impact of this crime, 
you may wish to consider the following:
Has the crime affected your lifestyle or the lifestyle of those close to 
    you?
    Have your feelings about yourself or your life changed since the crime?
    Has your ability to relate to others changed? 
    If you or your family members have suffered any physical impact as a result of 
the crime, you may wish to describe the following:
Changes in your general, physical well-being
    How long these physical symptoms lasted or how long they are expected to 
    last
    Any medical treatment you have received or expect to receive in the future
    If you would like to tell the court how this crime has affected your ability to 
earn a living and how it has affected you financially, please complete the 
financial impact section of the statement. When writing about the financial 
impact of this crime, you may wish to consider the following:
Has the crime affected your ability to continue your normal work?
    Has the crime affected your membership in or license from any professional 
    organizations or state or federal regulatory agencies? 
    A financial worksheet attached to the victim impact form allows you to list 
financial losses that have resulted directly from the crime. It is important to 
be as complete as possible when describing your financial losses. The judge will 
use this information to determine whether it is allowable and appropriate for 
the defendant to be required to repay you for your losses. If ordered, this 
repayment of losses is called restitution. 
Thank you very much for completing this important statement. If you need help or 
have questions, please contact [Name and phone number]. Your completed statement 
should be returned to [Agency name, contact, and address] no later than [Date]. 
Appendix F
Glossary
This glossary defines the terms most frequently used in connection with 
restitution and asset forfeiture in the federal criminal justice system, as well 
as general terms used in the civil justice system. It is not an exhaustive list. 

Abscond. To go in a secretive manner out of the jurisdiction of the courts or to 
lie concealed, in order to avoid their processes.
Abstract of Judgment. A legal document completed by the U.S. Clerk of Court 
that, in summary form, certifies that a judgment has been entered in the 
victims favor, including the amount of the judgment. The victim then registers 
the document in the counties or states in which the defendant is believed to 
have assets. Upon registration, the judgment becomes a lien against any property 
the defendant may own or have a legal interest in (both current and future, 
until such a lien is satisfied or removed by the issuing court), or any future 
inheritance of property the defendant may receive that could be applied towards 
the satisfaction of the judgment/lien. 
Action. The case, cause, or controversy before a court. 
Administrative Cap. Statutory limit that allows an investigative bureau to 
forfeit administratively most property whose value does not exceed a certain 
amount, along with illegally imported merchandise, facilitating conveyances, and 
monetary instruments, regardless of their value. (Refer to 19 U.S.C. 1607, 
"Conveyance," "Investigative Bureau," and "Monetary Instruments.")
Administrative Forfeiture. Process by which property may be forfeited, without 
judicial involvement, to the United States by the investigative agency or bureau 
that seized it.
Adoptive Seizure. Federal adoption and forfeiture of property seized exclusively 
through the efforts of state or local agencies. Investigative bureaus authorized 
by statute or regulation may adopt such seized property for forfeiture where the 
conduct giving rise to the seizure is in violation of federal law. Department of 
Justice policy generally requires a state or local agency to request federal 
adoption within 15 working days. (See "Fifteen Day Rule.")
Affidavit. A written statement of facts made under oath before a notary or court 
officer having the authority to administer oaths.
A.K.A., Alias. "Also known as," a former or fictitious name. 
Answer. 1. A formal written statement by a defendant that responds to each 
allegation in a complaint. 2. The defendants statement of the facts and 
objections to the plaintiffs brief. (Rule 12, Federal Rules of Civil 
Procedure.) 
Appraised Value. Estimated fair market value of the subject property at the time 
of seizure.
Arrest of Property. Actual seizure of property.
Asset. Any property capable of being seized and forfeited.
Assets Forfeiture Fund. Special fund within the Department of the Treasury, 
established by 28 U.S.C. 524(c), which is available to the Attorney General for 
the payment of expenses necessary to effect the seizure, detention, inventory, 
safeguarding, maintaining, advertising or selling of property under seizure, 
detention, or forfeiture pursuant to any law enforced or administered by the 
Department of Justice. Also known as "AFF" and "the Fund."
Assignment. The transfer to another of real or personal property in possession, 
or of any right or interest therein.
Assumption of Risk. A legal doctrine that may relieve perpetrators of liability 
for injuries to victims if the victim voluntarily entered into a situation 
knowing that there was a risk of injury.
Assignee. One to whom the subject property was assigned and who has standing as 
a claimant in a forfeiture action, provided he or she can show that the assignor 
had a legitimate ownership interest in the property when it was assigned and 
that the assignment was legally valid.
Assignor. One who makes an assignment of a property interest.
Attachment. Act or process of taking, apprehending, or seizing persons or 
property by virtue of a writ, summons, or other judicial order and bringing the 
same into custody of the court for the purpose of securing satisfaction of the 
judgment ultimately to be entered in the action. 
Bankrupt. A person or business that, voluntarily or at the request of the 
creditors, is declared unable to sufficiently pay debts. The debtors assets, as 
of the date bankruptcy is filed with the court, may be liquidated and divided 
among the creditors under bankruptcy law. This is done as quickly as possible so 
the debtor can pay creditors and start anew or reorganize. Debtor reorganization 
is designed to allow the debtor to pay his debts.
Liquidation. In general, converting assets to a cash form. Straight 
    bankruptcy (Chapter 7 of the Bankruptcy Code) is in the nature of a 
    liquidation proceeding and involves the collection and distribution to the 
    creditors of all the bankrupts non-exempt property by the trustee in the 
    manner provided by the Bankruptcy Act.
    Reorganization. In reorganization (Chapters 11, 12, and 13 of the Bankruptcy 
    Code), liquidation may be avoided and the debtor may continue to function, 
    pay creditors, and carry on business by rehabilitation and redistribution of 
    the rights, interests, and implied ownership of the various security owners.
    Bankruptcy. Properly defined as insolvency, that is, the inability of the debtor 
to pay his debts as they become due. However, it is technically a legal process 
under the Bankruptcy Reform Act of 1978 (See 11 U.S.C., Bankruptcy Code, 
effective October 1, 1979, and Bankruptcy Rules, effective August 1, 1983.)
Bankruptcy Court. A district court established for the administration of the 
bankruptcy laws and presided over by a bankruptcy judge.
Bond. Certificate or evidence of a debt; written commitment to pay a certain sum 
if particular conditions are not met.
Breach of Duty. Conduct that exposes others to unreasonable risk or harm.
Burden of Proof. The amount of evidence that one party must present in order to 
win his or her case. In criminal cases, the burden of proof is very high: 
"beyond a reasonable doubt" or nearly 100 percent of the evidence. In civil 
cases, however, the burden of proof on the victim or plaintiff is "a 
preponderance," or more than 50 percent of the evidence.
Calero-Toledo Defense. An affirmative defense whereby the claimant/owner must 
establish that he or she was neither involved in nor aware of the unlawful 
conduct giving rise to forfeiture, that he or she did not consent to the 
unlawful conduct or the involvement of the property in it, and that he or she 
took all reasonable steps to prevent the proscribed use of his property. Also 
known as the "Pearson-Yacht Defense." 
Cash. Currency, negotiable instruments, or securities.
Causes of Action. The legal basis for a civil suit brought by a victim against a 
perpetrator.
Chattel. An article of personal property, as opposed to real property.
Choate Lien. A lien that is perfected so that nothing else is necessary to make 
it enforceable. (Identity of the lien, property subject to lien, and the amount 
of the lien have been established.)
Civil Action. A lawsuit filed by a victim to enforce private rights, most often 
to recover monetarily from injuries sustained or damage incurred as a result of 
the perpetrators crime. 
Civil Conspiracy. Tort in which one or more persons actually commit the physical 
acts constituting the crime while others, although not physically participating, 
agree to and assist the actual perpetrators (civil conspirators).
Civil Division. The division of the Department of Justice or court that oversees 
the conduct of civil (rather than criminal) litigation.
Civil Forfeiture. In certain crimes, the means used to transport or to conduct 
illegal activity can be ordered forfeited to the United States (or the victims 
of certain offenses). Items such as cars, boats, houses, etc. can be subject to 
forfeiture or an in rem proceeding, which is brought against the property rather 
than the wrongdoer based on the legal fiction that the property itself is 
guilty. 
Claim and Cost Bond. The claim is a statement of the claimants interest in the 
seized property. The cost bond is a check or surety in the amount of $5,000 or 
10 percent of the value of the property, whichever is lower, but not less than 
$250. (See 19 U.S.C. 1608.) Both claim and cost bonds must be submitted to the 
seizing agency by a party asserting an interest in the subject property within 
20 days of the initial publication of notice. The filing of a claim and posting 
of a cost bond stops administrative forfeiture proceedings. Thereafter, the 
seizing agency refers the case to the appropriate U.S. Attorneys office for 
judicial forfeiture proceedings.
Cognovit. Written authority of the debtor for entry of judgment against him.
Claimant. One who asserts a right to, or an interest in, property.
Collateral Estoppel. A legal doctrine which provides that, in some cases, the 
criminal conviction of perpetrators will be considered proof of those 
perpetrators legal liability in civil actions brought by the perpetrators 
victims.
Collectibility. A general term meaning the extent to which 
defendants/perpetrators have the financial means to pay judgments from assets on 
hand, assets reasonably to be expected in the future, or financial assistance 
from such sources as insurance coverage.
Comparative Negligence. A legal doctrine, adopted in most jurisdictions, which 
modifies the strict rules of contributory negligence by allowing negligent 
plaintiffs/victims to recover damages from defendants/perpetrators by reducing 
the amounts of damages by the applicable percentage of the plaintiffs/victims 
negligence. (See also: Contributory Negligence.) 
Compensation. Monetary reparations made to crime victims by a state or other 
governmental entity to recover "out-of-pocket" expenses incurred as a result of 
a crime.
Compensatory Damages. Damages paid to compensate victims for losses caused by 
the torts of the perpetrator. Such losses often include out-of-pocket expenses; 
loss of income, including savings, investment, and earnings; expenses such as 
medical bills, therapy, etc.; loss of present and future earning capacity; pain 
and suffering; financial support; etc.
Contributory Negligence. A legal doctrine, now modified in most jurisdictions, 
that any negligence on the part of the plaintiff/victim will bar civil lawsuits 
against defendant/perpetrators.
Consent Decree for Forfeiture. An agreement between the United States and the 
defendant in which the defendant relinquishes his or her interest in a 
particular assets and which states that the property is subject to forfeiture 
because it constitutes or was derived from proceeds of illegal activity or was 
used or intended to be used to facilitate illegal activity. Also known as a 
"consent decree." 
Cost Bond. A bond given by a claimant to contest an administrative forfeiture 
action. The bond is deposited into the U.S. Marshals General Deposit Fund. (See 
"Claim and Cost Bond.") 
Creditor. One who voluntarily trusts or gives credit to another for money or 
other property.
Criminal Forfeiture. An in personam proceeding instituted only in conjunction 
with a criminal charge against a particular defendant. (See "In Personam" and 
"Civil Forfeiture.")
Damages. Amounts of money awarded to winning parties in civil suits.
Debtor. One who owes another something or is under obligation arising from 
express agreement or implication of law to pay a sum of money.
Declaration of Forfeiture. Equivalent to a judicial order of forfeiture but 
issued by the seizing agency that administratively forfeited the property, 
rather than the court. Also known as a "declaration." (See "Order of 
Forfeiture.")
Deed. A legal instrument in writing which, when executed and delivered, conveys 
an estate or interest in real estate. (See "General Warranty Deed," "Special 
Warranty Deed," and "U.S. Marshals Deed.")
Deed of Trust. An instrument used in some states, taking the place and serving 
the uses of a mortgage, by which the legal title to real property is placed in 
one or more trustees to secure the repayment of a sum of money or the 
performance of other conditions. Though differing in form from a mortgage, it is 
essentially a security.
Default Judgment. The judgment entered against a defendant for failure to plead 
(answer) or otherwise defend.
Defendants. Parties against whom civil actions are brought.
Delayed Discovery Rule. A legal doctrine that suspends the running of statutes 
of limitations during periods of time in which the victim did not discover, or 
by the exercise of reasonable diligence could not have discovered, the injuries 
that would lead to his or her causes of action against the 
defendant/perpetrator.
Demurrer. Motion by the defendant for the civil court to dismiss a motion for 
summary judgment. If granted, the plaintiffs loses the right to proceed with the 
civil action.
Deposition. Pretrial proceeding in which attorneys for parties in a civil case 
have the opportunity to examine, under oath, the opposing parties and potential 
witnesses in the case. Depositions are sworn and reduced to writing. The 
transcripts of such proceedings may be admissible in evidence at trials if the 
witnesses are no longer available or for purposes of impeachment.
Determining Official. The official who has the authority to grant or deny 
petitions for remission or mitigation of forfeiture, as follows: (1) for 
petitions in administrative forfeitures, the head of the seizing investigative 
bureau; (2) for petitions in judicial forfeitures, the Director, Asset 
Forfeiture Office, Criminal Division.
Discharged in Bankruptcy. The release of the bankrupt from all his or her 
provable debts, but not a release against such debts that are specifically 
non-dischargeable by the Bankruptcy Code. Court-ordered restitution is one such 
debt.
Encumbrance (Also Incumbrance). Legal liability on real property that does not 
prevent the passing of title but diminishes its value, such as a mortgage, 
judgment, or lien.
Entry of Judgment. Recording into the docket book a statement of the final 
judgment and entering copies thereof in the record of the case and the judgment 
box.
Equitable Sharing. The transfer of federally forfeited property to a requesting 
state or local law enforcement agency, reflecting the agencys participation in 
or other contribution to the seizure or forfeiture of the property.
Exculpatory. Evidence favorable to a party on the issue of guilt.
Federal Rules of Civil Procedure. Body of procedural rules that govern all civil 
actions in U.S. District Courts and after which most of the states have modeled 
their own rules of civil procedure.
Federal Rules of Criminal Procedure. Procedural rules that govern all criminal 
proceedings in U.S. District Courts and, where specified, before U.S. 
magistrates.
Fifteen-Day Rule. Department of Justice policy that a state or local seizing 
agency should file a request for federal adoption within 15 business days of the 
state or local seizure. Intended to avoid situations where seized properties are 
held for interminable periods prior to commencement of federal forfeiture 
proceedings.
Finance Litigation Unit. The section of the civil section in the U.S. Attorneys 
office responsible for the collection of fines and restitution.
FIRREA. Financial Institution Reform, Recovery and Enforcement Act of 1989. This 
legislation pertains to federally insured financial institutions. Forfeiture 
provisions are contained at 18 U.S.C. 981-2. 
First Party Action. Lawsuits brought by victims directly against their 
perpetrators.
Foreclosure. Procedure by which property is sold on default of the mortgagor in 
satisfaction of a mortgage debt.
Forfeiture. Loss of property without compensation when it is used in a manner 
contrary to the laws of the sovereign. A forfeiture may be either administrative 
or judicial. (See "Administrative Forfeiture" and "Judicial Forfeiture.")
Fraud. Intentional deception resulting in injury to another. Usually consists of 
a misrepresentation, concealment, or nondisclosure of a material fact, or at 
least misleading conduct, devices, or contrivance.
Fraudulent Conveyance. The transfer of property, the purpose of which is to 
defraud a creditor by hindering him by putting such property beyond his reach. 
Courts will set aside such conveyances. (See "Action to Set Aside Complaint," 
Federal Rules of Civil Procedure, Form 13, 28 U.S.C. 2410.)
Fund. The Department of Justice Assets Forfeiture Fund as established by 28 
U.S.C. 524(c)(1). Also known as the Assets Forfeiture Fund. 
Garnishee. A person who receives notice to retain custody of assets in his 
control that are owed to or belong to another. In a statutory garnishment 
proceeding, the garnishee may be directed to pay over to the creditor a portion 
of the debtors property, such as wages, funds in bank accounts, etc.
Garnishment. A statutory procedure in which money or goods that are placed in 
the hands of a third party and that are due a debtor are attached by the 
creditor. (Rule 64, Federal Rules of Civil Procedure, 28 U.S.C. 2405).
General Creditor. One whose claim or debt is not secured by a specific right to 
obtain satisfaction against the particular property subject to forfeiture. Also 
known as "unsecured creditor."
General Warranty Deed. Deed that assures a purchaser that title to the property 
is free and clear of liens, encumbrances, and covenants and insures the 
purchaser against any future claims against the property.
Homestead Laws. Laws that except certain property of a debtor from execution and 
forced sale by creditors. Devised to protect the property as long as it is 
occupied and used as a principal residence.
In Forma Pauperis. Latin for "in the manner of a pauper." The permission given 
to a person with no money to sue without payment of court fees or payment for 
representation. (Rule 24, Federal Rules of Civil Procedure, 28 U.S.C. 1915.)
Inmate Financial Responsibility Program. A joint project between the Bureau of 
Prisons and the Department of Justice for the collection of fines and 
restitution, in which an inmates attitude toward meeting court-imposed 
obligations is measured when considering inmate status and benefits.
Innocent Owner. Bona fide purchaser for value who was reasonably without cause 
to believe the property was subject to forfeiture when acquired, or a legal 
owner (lienholder or mortgagee) of property subject to forfeiture, who has a 
vested interest superior to the claimant or defendant at the time of the acts 
giving rise to the forfeiture and who had no knowledge of or involvement in the 
offense.
In Personam. Means "against the person." Action seeking judgment against a 
person involving his personal rights and based on the jurisdiction over his 
person, as distinguished from a judgment against property.
In Rem. Action brought "against the thing" (the subject property) without regard 
to its owner, as distinguished from an action brought in personam. 
Insolvent. Financial condition in which one is unable to meet his or her 
obligations as they become due or in which ones liability exceeds ones assets 
at any given time.
Interlocutory Sale. Sale of property before issuance of the final order of 
forfeiture. The original property may be sold and the proceeds of that sale 
treated as substitute property where the originally seized property is liable to 
perish, waste, or greatly depreciate in value during the pendency of the 
forfeiture proceeding, or if the expenses of keeping it are excessive. In a 
judicial forfeiture, the sale is conducted pursuant to a court order. (See 
"Stipulated Sale" and "Wasting Asset.")
Investigative Bureau. Department of Justice component agency authorized by 
federal statute to investigate and enforce forfeiture statutes. These agencies 
are the Drug Enforcement Administration (DEA), Federal Bureau of Investigation 
(FBI), Immigration and Naturalization Service (INS), and United States Marshals 
Service (USMS). With the exception of the USMS, deposits resulting from 
forfeitures by these agencies are made to the Fund. Federal agency investigative 
units outside the Department of Justice whose forfeitures result in deposits 
into the Fund are the U.S. Postal Service, the Internal Revenue Service (IRS), 
and the Bureau of Alcohol, Tobacco and Firearms (ATF).
Joint Investigation. Investigation in which one or more foreign, state, or local 
agencies participate with a federal law enforcement agency empowered to forfeit 
property.
Judgment. 1. The final decision or order of the court resolving the dispute and 
determining the rights and obligations of the parties. 2. An obligation, 
especially a debt arising out of a judicial decision. (Rule 54, Federal Rules of 
Civil Procedure, et seq.) 
Judgment, Amended. Upon motion of a party or the court itself made no later than 
10 days after entry of judgment, the court may amend its findings and amend the 
judgment accordingly.
Judgment Lien. A lien imposed by statute for the benefit of a creditor. There 
must be a valid, final judgment for a definite amount of money. In many 
jurisdictions, it must also be recorded (docketed) to protect the creditor. It 
is a general lien that affects all of the debtors property that is not exempt. 
Often the lien of the U.S. District Court is referred to as a "judgment lien" 
since state law provides that a lien is perfected or brought into existence by 
recording a copy of the federal district court judgment in the office of the 
county clerk (28 U.S.C. 1962).
Judgment Vacated. The original order is reversed and no longer applies.
Judicial Forfeiture. Either a civil forfeiture or a criminal forfeiture that 
results in a judicial order of forfeiture.
Jurisdiction. Power or legal authority of a court to hear and decide a case.
Lis Pendens. A pending suit. Jurisdiction, power, or control that a court 
acquires over property in a suit pending action until final judgment. (See 
"Notice of Lis Pendens.")
Lien. A claim or charge put on real or personal property for payment of a debt 
or performance of an obligation or duty. Used to help insure the payment of a 
debt. 
Lienee. One whose property is subject to a lien.
Lienholder. A creditor whose claim or debt is secured by a specific right to 
obtain satisfaction against the particular property subject to forfeiture, 
liquidation, or hold.
Litigant. A party to a lawsuit.
Litigation. A case, controversy, or lawsuit. The effort made by the attorneys in 
court towards a legal end.
Magistrate Judge. Judge of the lower courts. U.S. magistrate judges may conduct 
preliminary and pretrial proceedings in minor offenses and in some district 
court proceedings.
Magistrates Court. Court with jurisdiction restricted to handling minor 
offenses, small claims, or preliminary hearings. In federal district courts, 
magistrate judges may conduct many of the preliminary or pretrial proceedings in 
civil and criminal cases.
Marshal Sale. A sale held by a U.S. Marshal to dispose of foreclosed or 
forfeited property in order to regain money owed to a lender or to liquidate the 
asset.
Money Laundering. The conversion of illegally earned or otherwise tainted cash 
to an alternative form that conceals its origin, or ownership, often 
accomplished through steps taken to hide direct links to illegal activity and to 
allow the use of proceeds of illegal activity.
Monetary Instruments. Currency; travelers checks; negotiable instruments 
(including personal checks, business checks, official bank checks, cashiers 
checks, third-party checks, promissory notes, and money orders) that are in 
bearer form, endorsed without restriction, made out to a fictitious payee, or 
otherwise in such a form that title thereto passes upon delivery; incomplete 
instruments (including personal checks, business checks, official bank checks, 
cashiers checks, third-party checks, promissory notes, and money orders) signed 
but with the payees name omitted; and securities or stock in bearer form or 
otherwise in such a form that title thereto passes upon delivery.
Mortgage. An interest in land created by a written instrument providing security 
for the performance of a duty or the payment of a debt. 
Mortgagee. The lender; the party who advances the funds for a mortgage loan and 
in whose favor the property serving as security is mortgaged.
Mortgagor. The borrower; one who has all or some title to property and pledges 
it by written instrument as security for a debt.
Motion. A written application to the court requesting an order or ruling in 
favor of the applicant. Motions are generally made in reference to a pending 
action.
Motion Hearing. A legal proceeding held in response to a motion made by the 
defendants or plaintiffs attorney.
Negligence. A legal doctrine providing that one may be liable to another if the 
following four conditions are met: one person owes a legal duty to another, he 
or she materially breaches that duty, the breach is the proximate cause of the 
others injury, and the other person suffers damages.
Net Proceeds. Forfeited cash or gross receipts from the sale of forfeited 
property less allowable asset management and case-related expenses, third-party 
interests, and any award based on the value of the forfeiture.
Notice of Lis Pendens. Notice filed on public record for the purpose of warning 
all persons that the title to certain property is in litigation and that they 
are in danger of being bound by an adverse judgment.
Occupancy and Indemnity Agreement. Agreement between the U.S. Marshal and a 
resident of real property subject to forfeiture, which allows that resident to 
continue occupying the property subject to certain terms and conditions pending 
conclusion of the forfeiture action. Also known as "occupancy agreement."
Official Use. Utilization of forfeited property by a law enforcement agency in 
the direct performance of law enforcement activities.
Order of Forfeiture. A judgment of a court, entered in writing, which declares 
that the subject property has been forfeited to the United States and will be 
disposed of in accordance with law. In a criminal forfeiture, a "preliminary" 
order of forfeiture is entered after a defendant is convicted and upon the 
return of a special verdict finding that a defendants property is subject to 
forfeiture. A "final" order of forfeiture is entered after publication if no 
claim is filed. If a claim is filed, the final order is entered after the 
conclusion of an ancillary hearing. (See "Declaration of Forfeiture.")
Owner. One having a legal and possessory interest in property seized for 
forfeiture. (See "Straw Owner.")
Perpetrators. Persons who have criminally injured victims.
Plaintiff. One who brings a suit asking for the enforcement of a right or the 
recovery of relief from a wrong.
Professional Liability Insurance. Insurance coverage issued to "professional" 
persons: doctors, dentists, investment bankers and counselors, accountants, 
etc., to cover any losses covered by malpractice in the course of their 
professional services.
Parallel Proceedings. Civil and criminal proceedings involving the same property 
and the same underlying criminal conduct that are investigated, instituted, and 
pursued concurrently.
Person. An individual, partnership, corporation, joint business enterprise, or 
other entity capable of owning property.
Personal Notice. Procedure by which notice of the pending forfeiture action is 
personally served upon all persons, including lienholders, whose identities and 
addresses are reasonably ascertainable and whose rights and interests in the 
property will be affected by the action.
Personal Property. Tangible and intangible property, including rights, 
privileges, interest, claims, and securities.
Proximate Cause. The "cause in fact" of injury to victims; a "cause" without 
which the victims injuries would not have occurred.
Proceeds. Property (including personal property, real property, and attorneys 
fees) acquired by, or exchanged with other property acquired by, unlawful 
activity. (See "Tracing.")
Process. Any means used by a court to acquire or exercise its jurisdiction over 
a person or specific property. For example, in a civil judicial forfeiture case, 
process consists of the verified complaint and the summons.
Property. Property of any kind capable of being owned or possessed. May include 
a controlled substance, raw material, product, container, equipment, money, real 
property, vessel, vehicle, or aircraft. In the context of equitable sharing, 
tangible personal and real property other than cash.
Publication. Requirement that notice of a forfeiture action be published for 
three successive weeks in a newspaper of general circulation in the district 
where the action was filed. 
Punitive Damages. Damages awarded to victims against perpetrators, over and 
above compensatory damages, in order to punish or make an example of the 
perpetrator.
Quick Release. Process by which a seizing agency returns property to a party who 
has a good faith interest in the property and no reason to know of its illegal 
use or the wrongdoers criminal record or reputation. Generally dependent on the 
recipients execution of an agreement to hold the government harmless and to pay 
the costs incurred by the seizing agency.
Quit Claim Deed. Deed of conveyance operating by way of release. Intended to 
pass any title, interest, or claim which the grantor may have in the premises, 
but not professing that such title is valid, nor containing any warranty or 
covenants of title.
Realty. Real property as distinguished from personal property. Land and whatever 
is erected, growing on, or affixed to land.
Relation Back Doctrine. Provides that all right, title, and interest to 
forfeitable property, including proceeds traceable to unlawful activity, vests 
in the government at the moment the unlawful activity occurs.
Res. Personal or real property subject to forfeiture. 
Respondent. A party who answers. Respondents generally are answering parties to 
petitions, summons enforcement, and forfeiture actions.
Responsive Pleading. Formal request of the defendant in civil court to dismiss 
the case against him or her because of procedural issues, such as lack of 
jurisdiction, improper service of process, statutes of limitations, etc.
Restitution. The act of making good or giving the equivalent for any loss, 
damage, or injury. Restitution may be ordered paid to the government for 
transmittal to the victims or directly to victims of the crime. Restitution is 
generally limited to the loss described in the counts of conviction, although 
the defendant can agree to pay other victims as part of a plea negotiation.
Search Warrant. A document designed to be used to search for forfeitable assets 
(bank records, purchase receipts/orders, real estate records, insurance 
appraisals, loan applications, financial statements, wills, etc.), in addition 
to documentary evidence of criminal activity.
Secured Creditor. One whose claim or debt is secured by a specific right to 
obtain satisfaction against the particular property subject to forfeiture.
Security Interest. Form of interest in property that provides that the property 
may be sold on default in order to satisfy the obligation for which the security 
interest is given.
Seized Asset Deposit Fund. The holding account administered by the U.S. Marshals 
Service for seized cash pending the resolution of forfeiture cases. Also known 
as the SADF.
Seizing Agency. Federal agency that has seized the property or adopted the 
seizure of another agency and has the responsibility for administratively 
forfeiting the property. 
Seizure. The taking possession of a person or property by legal process.
Settlement. Agreement among the parties to a lawsuit to end the suit without 
trial; usually the plaintiff agrees to drop the lawsuit for a fixed sum of 
monetary damages paid by the defendant.
Service of Process. The delivery of writs, summonses, subpoenas, or rules to the 
party to whom they are addressed. Service of process must be carried out by a 
process server in order to be valid.
Sharing. The transfer of cash, property, or proceeds realized through federal 
forfeitures pursuant to the Attorney Generals Guidelines on Seized and 
Forfeited Property. (See "Equitable Sharing.")
Smurfing. The practice of dividing financial transactions into amounts less than 
$10,000 to avoid triggering bank reporting requirements. Often, a number of 
persons (smurfs) are employed by the offender to carry out the transactions.
Special Warranty Deed. Deed that assures a grantee (purchaser) that the current 
grantor (seller) has done nothing to encumber the property while it was in his 
or her possession.
Standing. The ability of a person to assert an interest in seized or forfeited 
property. A legal concept that a person has an ownership or possessory interest 
in property so as to exercise dominion and control over it. A person with 
standing may contest a forfeiture action. 
Statute of Limitations. A period of time, set by law, after which a civil action 
cannot be brought.
Stay of Civil Forfeiture Proceedings. The suspension of a civil forfeiture 
action pending the conclusion of a related criminal investigation or action. 
Title 21 U.S.C. 881(I) provides that the government may move to stay a civil 
forfeiture action upon a showing of good cause when an indictment or information 
has been filed in a related criminal proceeding.
Stipulated Sale. A sale of seized property, prior to the final order of 
forfeiture, by agreement of all the parties to a forfeiture who assert an 
interest in the property. (See "Interlocutory Sale.")
Stipulation for Compromise Settlement. The resolution of a civil forfeiture 
action by the U.S. Attorney, or by the U.S. Attorney in consultation with the 
Asset Forfeiture Office, Criminal Division, and the Deputy Attorney General, 
that forgoes the need for trial.
Straw Owner. A "front man" who holds minimal title to the subject property but 
lacks dominion and control over it. Such a party lacks standing as a claimant to 
contest a forfeiture action.
Subrogation. The substitution of one person in the place of another with 
reference to a lawful claim, demand, or right, so that he or she who is 
substituted succeeds to the rights of the other in relation to a debt or claim 
and its rights as a remedy.
Subsequent Purchaser. Party who purchases the subject property after commission 
of the underlying offense or after seizure. Such a party may have standing to 
contest a forfeiture action.
Substitution of Assets. Procedure by which the court, in a criminal forfeiture 
action, may order forfeiture of other property belonging to the defendant where 
the original property subject to forfeiture is unavailable upon conviction. See 
21 U.S.C. 853(p). 
Summary Judgment. Judgment given on the basis of pleadings, affidavits, and 
exhibits presented for the record without any need for a trial. It is used when 
there is no dispute as to the facts of the case and one party is entitled to 
judgment as a matter of law. (See Federal Rule of Civil Procedure 56.)
Temporary Restraining Order (TRO). An order of the court prohibiting the 
performance of an activity likely to result in irreparable harm. In a criminal 
forfeiture case, the issuance of a TRO restrains, prohibits, and enjoins a 
person from attempting or completing any action that would affect the 
marketability or value of the property, such as transferring or selling it. A 
TRO is of short duration, usually lasting only 10 days, unless extended by the 
court. (See 21 U.S.C. 853 and Federal Rule of Civil Procedure 65.)
Third-Party Actions. Lawsuits brought against persons whose negligence or gross 
negligence has facilitated the commission of a tort by a defendant.
Third-Party Interest. Interest of a third party in a matter between two parties 
(primary parties). For example, in a forfeiture action, a lienholder has a third 
party interest.
Title. Evidence of an ownership interest in property.
Tolling of Statute of Limitations. Suspension of the running of a statute of 
limitations.
Tort. A civil wrong (as opposed to criminal offense) committed by a perpetrator 
against a victim. A defendant/perpetrator can be subject to both criminal and 
civil charges for his or her actions.
Tracing. Process of identifying property that was purchased or acquired with 
money derived from unlawful activity.
Trier of Fact. In civil cases, evidence is heard as to the facts, and the facts 
must be applied in the context of the applicable law. The entity that decides 
which facts are true is called the "trier of fact." This is usually a jury, but 
in non-jury cases, the trier of fact is a judge.
U.S. Marshals Deed. Deed that conveys to a grantee (purchaser) only such 
interest in the property as a grantor (seller) may have. The grantee assumes 
responsibility for any claims brought against the property. Same as a quit claim 
deed.
Unsecured Creditor. One who has a claim against the wrongdoer but no specific 
claim against the property subject to forfeiture. Such a party lacks standing to 
contest a forfeiture action. Also known as a general creditor.
Verified Complaint. A complaint that is sworn as correct upon an affidavit or 
oath.
Verified Complaint of Forfeiture. A complaint in a civil forfeiture action must 
be "verified" so as to cause an authorized government official to be satisfied 
that the allegations in the complaint are true, based either on personal 
knowledge or on information and belief.
Violator. Person whose use of the property in violation of the law subjected 
such property to forfeiture.
Waiver of Bond. In an administrative forfeiture, the procedure in which the bond 
requirement is waived for a person claiming an interest in the seized property, 
upon showing satisfactory proof of financial inability to post bond. (See "In 
Forma Pauperis.")
Warrant of Arrest In Rem. Form of process filed with or after the filing of a 
verified complaint. Gives the court jurisdiction over the property to be seized. 
Usually must be served within the district of issue. Historically, it has not 
included a finding of probable cause.
Warrant of Seizure. Form of process that secures a judicial determination of 
probable cause but does not confer jurisdiction upon the court issuing the 
warrant.
Wasting Asset. Property whose value may diminish after the time of its seizure 
so that an interlocutory sale may be justified, or that has so diminished in 
value that forfeiture is no longer practicable. For example, realty in general; 
livestock; a business operating under state or local licensing requirements 
where seizure may result in suspension or revocation of the license; and cars, 
planes, or boats that are expensive to maintain. (See "Interlocutory Sale.")
White-Collar Crime. A non-violent criminal act involving deceit, concealment, 
subterfuge, or other fraudulent activity.
Writ of Entry for Inspection. Order of the court that allows the U.S. Marshal 
(or his or her deputies) to conduct a reasonable and necessary structural and 
physical inspection.