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BeachTiger

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  1. I have a judgement/restitution order from my federal felony conviction that is over 10 years old. I made monthly payments while on probation and for several years after. However, a couple of years ago, I quit receiving monthly statements from the U.S. Attorney's Office in regards to the judgement, but still continued to make payments. Last year, when I was laid off and money got tight, I stopped making payments and never heard anything. Two weeks ago, I received a letter from an insurance company referencing a bond number, a huge loss payout amount (1,400 times high than actual loss I was charged with#, and a demand for immediate payment of 1/6th of the stated loss amount #again much higher than actual loss I was charged with, much less reflecting any payments I've made or recovered monies since original offense#. As a side note, it stated they had made several previous requests for reimbursement with no success and if I did not submit the request payment promptly, they would take legal action. I contacted the individual/company who sent the letter requesting dates of previous communications and they stated there weren't any, it was just an attempt to get me to contact them. However, their reply did let me know that they initiated their communication because they stopped receiving payments from the U.S. Attorney's office #since I had stopped paying). They also admitted that the balance they demanded for immediate payment was incorrect and reduced it to about 20% of what they originally requested. Besides all the FDCPA violations referenced above, the letter made no mention that its' purpose was to collect a debt either & they even admitted it was her first attempt to contact me! They then stated the U.S. Attorney's office would be in contact with me. Today I received a U.S. Department of Justice Administrative Offset Notice from the U.S. Attorney's Office in reference to the judgement. I thought that the judgement order had to be renewed after so many years and if it wasn't renewed, there wasn't any course of action...is this not the case? The case originated in 1998. Can they really wait 12 years to take Administrative Offset action? Do federal judgements never expire?
  2. I have two prior Federal Bank Fraud convictions from the 90's, have been off probation for over 27 months and recently have been indicted on eight counts of Bank Fraud and four counts of Mail Fraud. I have a few questions pertaining to sentence calculations for my current situation... Since this is my third conviction of Bank Fraud, can I get the "Career Criminal" enhancement? My understanding is it is only applicable to violent or drug related offenses, but the Probation Officer said it applied during my pretrial interview and tried to use that to prevent release prior to arraignment. Other enhancements I need to worry about? My uneducated estimate of my criminal history is that it would be six points (Category III) and the estimated loss is approx. $250k, with no abuse of position of trust, no additional points added for any other factors/criteria listed (hiding crime, etc.). I should get acceptance of responsibility and will accept a plea (isn't there an additional 1 point reduction for doing so in a timely manner so Govt. doesn't have to prepare trial?). Since I had been off probation for over 6 months before any illegal activity started and over 27 months before indictment, will I avoid any point enhancements? Are these assumptions correct? What would the sentence range be? Also, the indictment doesn't list dollar amounts for mail fraud counts, how is that calculated or are both charges merged together? Will second charge move me into a higher criminal history category (IV) since it is a separate charge or is it all one conviction with two charges? Is it realistic to expect the two charges to run concurrently? I assume the counts will be consolidated with the values added together to calculated the appropriate points. I do suffer from documented mental health issues (Bipolar, impulse control disorder, suicide attempt) and have records of numerous inpatient & intensive outpatient treatment programs since crime along with therapy and medication before, during and after crime. These illnesses have even been confirmed by the Govt. in prior cases and the BOP. Additionally, I have long-term history of extensive volunteer activities in community with numerous programs. Since I have been unemployed the past 13 months (and will be through this legal process) I have been volunteering over 250-300 hours a month at a homeless shelter, children's hospital and AIDS program. With recently submitted changes to Sentencing Guidelines, could any of this help? I have read on numerous websites/legal blogs that some districts are embracing changes now while others are postponing sentencing until Nov 1, 2010. Any other suggestions to try to lessen my damage/outcome? Thank you in advance for any assistance and information on the above questions. I knew this was coming as I confessed to victim over a year ago, but just learned that it finally came to happen with an unexpected early morning wake up.
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