Page:United States Statutes at Large Volume 108 Part 3.djvu/332

 108 STAT. 2084 PUBLIC LAW 103-322—SEPT. 13, 1994 "(7) PAYMENT SCHEDULE. —An order under this section may direct the defendant to make a single lump-sum payment or partial payments at specified intervals. "(8) SETOFF.—Any amount paid to a victim under this section shall be set off against any amount later recovered as compensatory damages by the victim from the defendant in— "(A) any Federal civil proceeding; and "(B) any State civil proceeding, to the extent provided by the law of the State. "(9) EFFECT ON OTHER SOURCES OF COMPENSATION.— The issuance of a restitution order shall not affect the entitlement of a victim to receive compensation with respect to a loss from insurance or any other source until the payments actu£dly received by the victim under the restitution order fully compensate the victim for the loss. "(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.— Compliance with a restitution issued under this section shall be a condition of any probation or supervised release of a defendant. The court may revoke probation or a term of supervised release, modify the terms or conditions of probation or a term of supervised release, hold the defendant in contempt pursuant to section 3583(e), or suspend the offender's eligibility for any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or with appropriated funds of the United States if the defendant fails to comply with the order. In determining whether to revoke . probation or a term of supervised release, modify the terms or conditions of probation or supervised release or hold a defendant serving a term of supervised release in contempt, the court shall consider the defendant's employment status, earning ability and financial resources, the willfulness of the defendant's failure to comply, and any other circumstances that may have a bearing on the defendant's ability to comply. "(c) PROOF OF CLAIM. — "(1) AFFIDAVIT.— Within 60 days after conviction and, in any event, not later than 10 days prior to sentencing, the •' United States Attorney (or the United States Attorney's delegee), after consulting with the victim, shall prepare and file an affidavit with the court listing the amounts subject by the United States Attorney (or the United States Attorneys delegee) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or the United States Attorneys delegee) shall advise the victim that the victim may file a separate affidavit and shall provide the victim with an affidavit form which may be used to do so. "(2) OBJECTION.— If, after the defendant has been notified of the affidavit, no objection is raised by the defendant, the amounts attested to in the affidavit filed pursuant to paragraph (1) shall be entered in the court's restitution order. If objection is raised, the court may require the victim or the United States Attorney (or the United States Attorney's delegee) to submit further affidavits or other supporting documents, demonstrating the victim's losses.
 * to restitution under this section. The affidavit shall be signed

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