NCJ Number
127697
Journal
Federal Probation Volume: 54 Issue: 4 Dated: (December 1990) Pages: 86-91
Date Published
1990
Length
6 pages
Annotation
The increased use of financial penalties under the Criminal Fine Improvements Act and the Sentencing Guidelines has made it vital to gather complete and accurate financial information.
Abstract
Fine provisions and guidelines, as well as the Victim and Witness Protection Act, condition the imposition of financial penalties on the defendant's ability to pay and thus require detailed knowledge of the defendant's finances. Financial information can also be important in determining the scope of an offense, deciding whether a defendant is a career offender, conducting community supervision, and collecting fines and restitution. While financial information is clearly needed by courts, three statutes limiting access to financial records are the Right to Financial Privacy Act of 1978, the Fair Credit Reporting Act, and the Internal Revenue Code. Passed in response to the information explosion brought on by increased computerization, these statutes strive to strike a balance between the individual's right to privacy and legitimate law enforcement needs. Requirements for attaining, using, and transferring information under these statutes are detailed with particular attention paid to uncooperative clients. It is concluded that probation officers should obtain as much financial penalties and to avoid the imposition of noncollectible sanctions. 2 notes