Page:United States Statutes at Large Volume 98 Part 2.djvu/845

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2005

of restitution, pursuant to section 3556, does not create any right of action against the United States by the person to whom restitution is ordered to be paid. "(d) NOTIFICATION OF DELINQUENCY.—Within ten working days after a fine is determined to be dehnquent as provided in section 3572(i), the Attorney General shall notify the person whose fine is delinquent, by certified mail, to inform him that the fine is delinquent. "(e) NOTIFICATION OF DEFAULT.—Within ten working days after a fine is determined to be in default as provided in section 3572(j), the Attorney General shall notify the person defaulting, by certified mail, to inform him that the fine is in default and the entire unpaid balance, including interest and penalties, is due within thirty days. "(f) INTEREST, MONETARY PENALTIES FOR DEUNQUENCY, AND DE-

FAULT.—Upon a determination of willful nonpayment, the court may impose the following interest and monetary penalties: "(1) INTEREST.—Notwithstanding any other provision of law, interest at the rate of 1 per centum per month, or 12 per centum per year, shall be charged, beginning the thirty-first day after sentencing on the first day of each month during which any fine balance remains unpaid, including sums to be paid pursuant to an installment schedule. "(2) MONETARY PENALTIES FOR DEUNQUENT FINES.—Notwith-

standing any other provision of law, a penalty sum equal to 10 per centum shall be charged for any portion of a criminal fine which has become delinquent. The Attorney General may waive Waiver, all or part of the penalty for good cause. "§ 3613. Civil remedies for satisfaction of an unpaid Hne 18 USC 3613. "(a) LIEN.—A fine imposed pursuant to the provisions of subchapter C of chapter 227 is a lien in favor of the United States up|on all Ante, p. 1995. property belonging to the person fined. The lien arises at the time of the entry of the judgment and continues until the liability is satisfied, remitted, or set aside, or until it becomes unenforceable pursuant to the provisions of subsection (b). On application of the person fined, the Attorney General shall— "(1) issue a certificate of release, as described in section 6325 of the Internal Revenue Code, of any lien imposed pursuant to 26 USC 6325. this section, upon his acceptance of a bond described in section 6325(a)(2) of the Internal Revenue Code; or "(2) issue a certificate of discharge, as described in section 6325 of the Internal Revenue Code, of any part of the person's property subject to a lien imposed pursuant to this section, upon his determination that the fair market value of that part of such property remaining subject to and available to satisfy the lien is at least three times the amount of the fine. "(b) EXPIRATION OF LIEN.—A lien becomes unenforceable and liability to pay a fine expires— (1) twenty years after the entry of the judgment; or "(2) upon the death of the individual fined. The period set forth in paragraph (1) may be extended, prior to its expiration, by a written agreement between the person fined and the Attorney General. The running of the period set forth in paragraph (1) is suspended during any interval for which the running of the period of limitations for collection of a tax would be suspended pursuant to section 6503(b), 6503(c), 6503(f), 6503(i), or 7508(a)(l)(I) of the Internal Revenue Code of 1954 (26 U.S.C. 6503(b), 6503(c), 6503(f),

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