S. 2786, the Enhanced Restitution Enforcement and Equitable Retirement Treatment Act of 2009, will adversely affect crime victims, especially rural victims of crime, by diverting deposits into the Crime Victims Restitution Trust Fund away from payments for individual victims of Federal offenses who are entitled to receive restitution into a new, special retirement program exclusively for the benefit of Assistant United States Attorneys.
Background
While the National Grange greatly appreciates the work of Assistant United States Attorneys and the work they do which benefit victims of crime, the Grange is concerned that the approach proposed in S. 2786 will adversely affect crime victims generally through reduction in deposits into the Crime Victims Fund as well as individual victims of Federal offenses who are entitled to receive restitution. Specifically, the National Grange objects to the provisions in Title I, Section 101 of the legislation that would allocate 95 percent of any late fine payments to the Crime Victims Fund. The legislation also allows 95 percent of late restitution payments to go to the victim with the remaining 5 percent of each late payment going into the newly created Enhanced Financial Recovery Fund.
The National Grange is also concerned that unless each criminal debt is ultimately paid in full, the proposed collection scheme will result in a loss of funds that would otherwise go into the Crime Victims Fund and to victims of Federal offenses who are owed restitution. In effect, crime victims are being asked to help subsidize a fund whose ultimate purpose is to improve the retirement benefits of Assistant United States Attorneys.
Unlike previous versions of this legislation, the current bill does not seek to take half of the special assessments for the Enhanced Financial Recovery Fund. While increased special assessments might offset a portion of the amounts that would otherwise be deposited into the Crime Victims Fund, it does not offset amounts that would have been paid to individual crime victims who are owed restitution. Assistant United States Attorneys are generally career government employees who are eligible for full Federal retirement, pension and matching retirement contributions, just as any other Federal employees. Creating a special supplemental retirement fund for Assistant United States Attorneys is not just unfair to victims of crime, it is unfair to other Federal employees who protect the public and address the concerns and needs of victims of crime. The National Grange believes the most equitable approach would be to require the payment in full of the entire criminal fine and/or restitution before any collected amounts are deposited into the Enhanced Financial Recovery Fund.
Grange Policy
Sentencing
The National Grange supports imposing stiff mandatory sentences in criminal cases. We believe using plea-bargaining should be restrained. We further believe that convicted criminals should be responsible for restitution to their victims and society.
Action Needed
Please e-mail your U.S. Senators urging them to amend S. 2786. Please feel free to cut and paste the following sample letter. If you do not know your Senators’ e-mail addresses please CLICK HERE to find them.
Sample E-Mail
Dear Senator:
I am concerned about S. 2786, the Enhanced Restitution Enforcement and Equitable Retirement Treatment Act of 2009. I believe this legislation will adversely affect crime victims generally through reduction in deposits into the Crime Victims Fund, as well as individual victims of Federal offenses who are entitled to receive restitution. Specifically, I object to the provisions in Title I, Section 101 of the legislation that would allocate 95 percent of any late fine payments to go to the Crime Victims Fund. The legislation also allows 95 percent of late restitution payments to go to the victim with the remaining 5 percent of each late payment going into the newly created Enhanced Financial Recovery Fund.
I am also concerned that unless each criminal debt is ultimately paid in full, the proposed collection scheme will result in a loss of funds that would otherwise go into the Crime Victims Fund and to victims of Federal offenses who are owed restitution. In effect, crime victims are being asked to help subsidize a fund whose ultimate purpose is to improve the retirement benefits of Assistant United States Attorneys.
Unlike previous versions of this legislation, the current bill does not seek to take half of the special assessments for the Enhanced Financial Recovery Fund. While increased special assessments might offset a portion of the amounts that would otherwise be deposited into the Crime Victims Fund, it does not offset amounts that would have been paid to individual crime victims who are owed restitution.
Senator, I believe the most equitable approach would be to require the payment in full of the entire criminal fine and/or restitution before any collected amounts are deposited into the Enhanced Financial Recovery Fund. Please consider amendments to S 2786 to correct these issues. Thank you for your consideration in this matter.
Sincerely,
Your name
Your Grange number |
If you have any questions or comments regarding this Action Alert, please contact Molly Thompson at mthompson@nationalgrange.org or by calling 1-888-4GRANGE ext. 107.
Thank you for your grassroots participation in the National Grange Legislative Program. |
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Action Alerts are notices alerting members to pending legislative or regulatory
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and non-members take action by contacting their congressional representatives,
or the appropriate government agency. 
