Page:United States Statutes at Large Volume 108 Part 3.djvu/331

 PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 2083 "(1) DIRECTIONS. — The order of restitution under this section shall direct that— "(A) the defendant pay to the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court, pursuant to paragraph (3); and "(B) the United States Attorney enforce the restitution order by all available and reasonable means. "(2) ENFORCEMENT BY VICTIM. —An order of restitution may be enforced by a victim named in the order to receive the restitution as well as by the United States Attorney, in the same manner as a judgment in a civil action. "(3) DEFINITION.— For purposes of this subsection, the term 'full amount of the victim's losses' means all losses suffered by the victim as a proximate result of the offense. "(4) ORDER MANDATORY.— (A) The issuance of a restitution order under this section is mandatory. "(B) A court may not decline to issue an order under this section because of— "(i) the economic circumstances of the defendsint; or "(ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source. "(C)(i) Notwithstanding subparagraph (A), the court may take into account the economic circumstances of the defendant in determining the manner in which and the schedule according to which the restitution is to be paid. "(ii) For purposes of this subparagraph, the term 'economic circumstances' includes— "(I) the financial resources and other assets of the defendant; "(II) projected earnings, earning capacity, and other income of the defendant; and "(III) any financial obligations of the defendant, including obligations to dependents. "(D) Subparagraph (A) does not apply if— "(i) the court finds on the record that the economic circumstances of the defendant do not allow for the pay- ment of any amount of a restitution order, and do not allow for the payment of any or some portion of the amount of a restitution order in the foreseeable future (under any reasonable schedule of payments); and "(ii) the court enters in its order the amount of the victim's losses, and provides a nominal restitution award. "(5) MORE THAN i OFFENDER.— When the court finds that more than 1 offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender. "(6) MORE THAN i VICTIM.— When the court finds that more than 1 victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but may provide for different payment schedules to reflect the economic circumstances of each victim.

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