Criminal Restitution in Federal Criminal Cases: Research Findings 2014 © The Human Trafficking Pro Bono Legal Center 2014.

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Presentation transcript:

Criminal Restitution in Federal Criminal Cases: Research Findings 2014 © The Human Trafficking Pro Bono Legal Center 2014

Research Methodology The Human Trafficking Pro Bono Legal Center, in partnership with pro bono attorneys from WilmerHale, identified and analyzed cases indicted under Chapter 77 of Title 18 since The team eliminated all open cases, all cases indicted for attempt, all cases indicted for a sting operation, and all cases that ended in acquittal. © The Human Trafficking Pro Bono Legal Center 2014

The Data Between 2009 and 2012, federal prosecutors handed down more than 300 indictments for Chapter 77 trafficking crimes under Title 18. © The Human Trafficking Pro Bono Legal Center 2014

Restitution Orders Restitution is mandatory under 18 USC s © The Human Trafficking Pro Bono Legal Center 2014

Restitution Orders Of the cases in which the defendant pled or was found guilty, the court ordered restitution just 35.8% of the time. © The Human Trafficking Pro Bono Legal Center 2014

Percent of Cases in which Federal Courts Ordered Restitution © The Human Trafficking Pro Bono Legal Center 2014

Restitution Orders Of the cases in which the defendant pled, the court only ordered restitution 33.8% of the time. Of cases in which the defendant was convicted, the court only ordered restitution 47.8% of the time. © The Human Trafficking Pro Bono Legal Center 2014

Restitution Requests Of the cases in which a defendant pled or was found guilty, prosecutors requested restitution only 62.6% of the time. © The Human Trafficking Pro Bono Legal Center 2014

Restitution Requests by Prosecutors © The Human Trafficking Pro Bono Legal Center 2014

Success Rates © The Human Trafficking Pro Bono Legal Center

Research Findings ●The single greatest predictor of whether restitution will be ordered is whether the prosecutor requests it. ●Requesting restitution separately in a restitution brief or sentencing memorandum is most effective. © The Human Trafficking Pro Bono Legal Center 2014

Research Findings ●The two federal jurisdictions that have obtained the largest number of restitution orders in trafficking cases since 2009 are the Southern District of Florida and the Northern District of Georgia, with nine restitution orders each, ranging from $218 to $1,239,200. ●The total restitution ordered for the data sample is $11,279, © The Human Trafficking Pro Bono Legal Center 2014

Research Findings For all federal trafficking cases: The average restitution award is $60, Among cases with restitution awards, the average award is $168, © The Human Trafficking Pro Bono Legal Center 2014

Research Findings For forced labor cases, the total amount of restitution awarded is $3,568, The average restitution award in forced labor cases is $198, Among forced labor cases with restitution awards, the average award is $223, © The Human Trafficking Pro Bono Legal Center 2014

Research Findings The total restitution awarded in sex trafficking cases is $7,834, The average restitution award in sex cases is $46, Among sex cases with restitution awards, the average award is $150, © The Human Trafficking Pro Bono Legal Center 2014

Total Restitution Awarded by Year

CONCLUSIONS Advocates should begin thinking about restitution early in the case; Prosecutors should be encouraged to file separate memoranda for restitution; Advocates should participate in restitution calculations; Judges need extensive education on restitution law.