Opinion
Cr. 09-00656-002
09-13-2021
USA v. MCDONALD
Report on Offender Under Supervision
NONCOMPLIANCE SUMMARY
THE HONORABLE SUSAN D. WIGENTON UNITED STATES DISTRICT JUDGE
The offender has not complied with the following condition(s) of supervision:
Violation Number
Nature of Noncompliance
1
Failed to Satisfy Fine and Restitution. Upon review of the Offender Payment Enhanced Report Access (OPERA), Bennett satisfied a total of $9, 479.61 (includes payments made while incarcerated with the Bureau of Prisons) towards the imposed $3, 808, 065.72 restitution but has failed to comply with the payment instructions set forth in his Judgement. He was ordered by the Court to pay restitution balance immediately and it shall be paid in full within 30 days of sentencing. From October 2019 to May 2021, Bennett failed to make any monthly payments toward his restitution. He has since made three good faith payments of $100 each; last being on August 23, 2021.
U.S. Probation Officer Action:
Throughout his term of supervised release, Bennett paid $300.00 towards his restitution. His supervision is due to expire on September 18, 2021, with an outstanding restitution balance of $3, 798.586.11. The Financial Litigation Unit of the United States Attorney's Office was notified of the expiration of supervision and has a standing order for garnishment of his earnings and all future income tax refunds via the Treasury Offset Program (TOP). This Office recommends the supervision term be allowed to expire as scheduled since the restitution order remains imposed as a final judgement, pursuant to Title 18, U.S.C, Sections 3554 & 3613.
The Court allowing the supervision term to expire as scheduled has no impact on Bennett's restitution order obligation as ordered by the Court on August 09, 2016. Furthermore, it does not limit any other collection efforts furthering payment of the order of restitution. The restitution order remains in full effect and is an ongoing obligation for the remaining balance of $3, 798.586.11.
Please check a box below to indicate the Court's direction regarding action to be taken in this case:
[X] Allow supervision term to expire as scheduled on September 18, 2021 (as recommended by the Probation Office)
[] Submit a Request for Modifying the Conditions or Term of Supervision
[] Submit a Request for Warrant or Summons
[] Other