18 USC 3663A requires restitution for specified offenses when the statutory conditions are met, including an identifiable victim who suffered physical injury or pecuniary loss. The obligation is separate from a fine or forfeiture. The court must determine who qualifies as a victim and which losses are legally attributable to the covered offense. [1]
Coverage depends on the offense and harm
The statute covers listed categories, including qualifying crimes of violence and property offenses involving fraud or deceit. It defines a victim through direct and proximate harm and includes additional language for offenses involving a scheme, conspiracy, or pattern. Not every person economically affected by a crime automatically has a covered restitution claim. [1]
For specified property and anti-doping offenses, the statute contains exceptions where victim numbers make restitution impracticable or complex loss questions would burden sentencing to the degree described in the law. These are limited exceptions, not a general power to waive mandatory restitution because payment will be difficult. [1]
Document the actual compensable loss
Section 3663A specifies remedies for property losses, bodily injury, and other covered consequences. Match invoices, account records, treatment expenses, and other evidence to the statutory category. A requested amount should not simply combine every inconvenience, business projection, or litigation expense without a legal basis. [1]
Section 3664 directs development of the loss information and provides procedures for resolving disputes. The government bears the burden of demonstrating the victim’s loss by a preponderance of the evidence; other disputed matters have their own allocation. [2]
The amount and payment schedule are different
Section 3664 generally requires restitution in the full amount of the victim’s losses without considering the defendant’s economic circumstances. Financial resources, projected earnings, and obligations matter when the court sets the manner and schedule of payment. A small installment therefore does not mean the balance was forgiven. [2]
Insurance or other compensation does not simply reduce the restitution amount at the calculation stage. The statute separately addresses payment to those who compensated the victim and the priority of payment. Avoid double-counting while identifying who ultimately receives the ordered funds. [2]
Prepare for the restitution decision
- Identify the covered offense and victim.
- Separate supported loss categories.
- Preserve payment, insurance, and recovery records.
- Raise factual disputes through the court’s procedure.
Compare criminal forfeiture and sentencing fact hearings. They can involve the same case while answering different questions.
Primary sources
- 18 U.S. Code 3663A – Mandatory Restitution to Victims of Certain Crimes
- 18 U.S. Code 3664 – Procedure for Issuance and Enforcement of Order of Restitution
Sources checked: October 31, 2026.