Page:United States Statutes at Large Volume 108 Part 3.djvu/333

 PUBLIC LAW 103-322-SEPT. 13, 1994 108 STAT. 2085 "(3) ADDITIONAL DOCUMENTATION AND TESTIMONY. —If the Records, court concludes, after reviewing the supporting documentation and considering the defendant's objections, that there is a substantial reason for doubting the authenticity or veracity of the records submitted, the court may require additional documentation or hear testimony on those questions. The pri- Privacy, vacy of any records filed, or testimony heard, pursuant to this section shall be maintained to the greatest extent possible, and such records may be filed or testimony heard in camera. "(4) FINAL DETERMINATION OF LOSSES. — If the victim's losses are not ascertainable by the date that is 10 days prior to sentencing as provided in paragraph (1), the Unitea States Attorney (or the United States Attorneys delegee) shall so inform the court, and the court shall set a date for the final determination of the victim's losses, not to exceed 90 days after sentencing. If the victim subsequently discovers further losses, the victim shall have 60 days after discovery of those losses in which to petition the court for an amended restitution order. Such order may be granted only upon a showing of good cause for the failure to include such losses in the initial claim for restitutionary relief. "(d) MODIFICATION OF ORDER. — ^A victim or the offender may petition the court at any time to modify a restitution order as appropriate in view of a change in the economic circumstances of the offender. "(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER. —The court may refer any issue arising in connection with a proposed order of restitution to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. " (f) DEFINITION. —For purposes of this section, the term 'victim' includes the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or gUEU*dian.". (b) TECHNICAL AMENDMENTS.— (1) PART ANALYSIS.— The part analysis for part I of title 18, United States Code, is amended b^ striking the item relating to chapter 113A and inserting the following: "113A. Telemarketing fraud 2325 "113B. Terrorism 2331". (2) CHAPTER USE.— The chapter heading for chapter 113B of title 18, United States Code, as redesignated by subsection (a)(1), is amended to read as follows: "CHAPTER 113B—TERRORISAT. SEC. 2S0003. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VIC- TIMS. (a) REVIEW.— The United States Sentencing Commission shall review and, if necessary,, amend the sentencing guidelines to ensure that victim related adjustments for fraud offenses against older victims over the age of 55 are adequate. 28 USC 994 note.

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