What Happens If You Can’t Pay Back Wire Fraud Restitution Indiana?
A wire fraud conviction almost always comes with a restitution order, and that number can run into six figures fast. If you can’t pay in full, the answer isn’t “pay up or go to prison.” Judges set payment plans based on what you can afford, and those plans can change.
How Wire Fraud Restitution Amounts Get Calculated
Wire fraud, charged under 18 U.S.C. § 1343, triggers mandatory restitution under the Mandatory Victims Restitution Act. In most cases, the judge must order the full amount of the victims’ losses; your ability to pay plays no part in that number.
Under the U.S. Sentencing Guidelines, a bigger loss often means a longer sentence, though that loss can differ from the restitution amount.
What Happens If You Miss a Restitution Payment?
Missing a payment doesn’t trigger automatic arrest, but it turns the order into something closer to debt collection.
Under 18 U.S.C. § 3613, the government can collect unpaid restitution until the later of 20 years from judgment or 20 years after your release from prison. It can garnish wages (within federal limits), seize tax refunds, and enforce a lien on your property, all without a new case. Interest and late-payment penalties can add to what you owe.
How to Request a New Payment Plan
A restitution order isn’t locked in forever. The payment schedule can change, but a judge won’t lower the total just because you can’t afford it. Requesting a change generally involves:
- Reporting any major financial change to the court and the U.S. Attorney’s Office, as the law requires, and asking the court to adjust your schedule.
- Submitting a financial affidavit detailing income, debts, and assets.
- Attending a hearing where the court decides whether to change your schedule or require payment in full.
An attorney can help you gather the documents that make your request credible.
What Are the Consequences of Willful Nonpayment?
Federal law distinguishes someone who can’t pay from someone who won’t. A court may resentence someone who knowingly fails to pay. Prison is possible only if the court finds you willfully refused to pay, made no real effort to pay, or that other punishments wouldn’t be enough. Courts can’t jail you solely for being too poor to pay.
Restitution is also a required condition of supervised release, so nonpayment can lead to a revocation hearing if the court finds you willfully refused to pay or made no real effort.
Frequently Asked Questions
Can wire fraud restitution be discharged in bankruptcy?
Generally no. Federal criminal restitution can’t be wiped out in Chapter 7 or Chapter 13 bankruptcy. Talk to an attorney before filing.
What if I genuinely can’t afford my restitution payments?
Ask the court to adjust your payment schedule based on a real financial change, like job loss or illness. The court won’t cut the total because you can’t afford it, but it can stretch out payments or, if you truly can’t pay anything now, set very small ones. It may also raise your payments if your finances improve.
Is restitution the same thing as a fine?
No. A fine punishes the offender and goes to the government. Restitution repays the victim’s actual loss.
Contact Our Indiana Wire Fraud Defense Lawyers
Falling behind on restitution can feel like the case never ended, and the court can still enforce and adjust the order. Missing a hearing or ignoring a collection notice can turn a manageable situation into a resentencing risk. If you’re dealing with restitution in Indiana, acting early may help you keep your options open. Contact us today to talk through your situation.