NCJ Number
95441
Date Published
1983
Length
13 pages
Annotation
This statement by the Chief Counsel and Staff Director of the Subcommittee on Energy, Nuclear Proliferation, and Government Processes examines why the collection of Federal fines has been ineffective.
Abstract
Strauss notes that the criminal fine collection rates have fallen from around 80 percent in 1970 to 57 percent in 1980 to just 34 percent in 1983-84. Several of the factors which have contributed to this condition are examined, including increased fine imposition. In fiscal 1968, for example, Federal judges imposed $6.8 million in criminal fines, while in fiscal 1983, they imposed almost 10 times as much -- $62 million. Increases in narcotics-related fines have also occurred; from fiscal 1981 to fiscal 1983, all fines remained the same except narcotics fines, which more than doubled. Difficulty in determining assets is another problem. Increasingly, criminals are hiding their assets, transferring property to relatives, using bankruptcy codes to avoid payment, or pleading the fifth amendment to prevent disclosure of assets. The lack of enforcement of a penalty if the fine is not paid is noted, as is the lack of accountability. Too many people share too much of the collection responsibility, such that no one is ultimately accountable for the results. Finally, most fines lack clear payment terms. The 10 best and 10 worst fine-collecting districts are noted, and a table and chart illustrating criminal fine collections are attached.