Criminal enforcement. The Attorney General may also enforce many of these laws criminally. Employers who are found to have violated these laws in criminal court may be required to pay up to $50,000 in penalties and may be imprisoned for up to 2 years for each violation. The court may also order the employer to pay restitution to workers.
Apr 24, 2018 · Boston — A company that specializes in buying and collecting on unpaid real estate tax debts will pay $125,000, including restitution, to approximately 100 homeowners located primarily in Central Massachusetts, to settle allegations that it collected unlawful fees in connection with its purchase of property tax liens, Attorney General Maura Healey announced …
Oct 20, 2020 · BOSTON — A Lowell asbestos abatement company and its operators have been cited more than $564,000, including restitution for 32 employees, for violating the Massachusetts prevailing wage, overtime, and earned sick time laws, Attorney General Maura Healey announced today.. Fiber Control Inc., its president Bahram Safarpoormonfared, and operators Dara Chhim …
Feb 05, 2020 · The Court's restitution order on your behalf also acts as a lien in favor of the United States against all property owned by the defendant. The United States Attorney's Office will cause judgment lien notices to be recorded in all counties where we are aware the defendant owns or may own property.
In federal court, a convicted offender may be ordered to reimburse victims for financial losses incurred due to the offender's crime. This reimbursement is called "restitution," and it may be ordered for lost income, property damage, counseling, medical expenses, funeral costs or other financial costs directly related to the crime. Some financial losses are not eligible for restitution, such as state or federal taxes, interest, penalties or fines; expenses for private legal representation relating to personal or business legal issues raised by the crime; fees for tax advisors, accountants, or other professionals; and legal expenses for the civil recovery of financial losses. Losses for "pain & suffering" are also not eligible for restitution.
Attorney's Office Financial Litigation Unit (FLU) is charged with enforcing orders of restitution, and monitors efforts in enforcing a Judgment if defendant assets or income are identified. FLU will pursue various means to enforce restitution, as its resources permit, on behalf of identified victims for 20 years from the filing date of the Judgment, plus the time period of actual incarceration, or until death of the defendant. In addition, while a defendant is under the supervision of a probation officer, that probation officer will also monitor and ensure appropriate restitution is paid, where possible.
The Restitution Process (Fraud and/or Financial crimes) In federal court, a convicted offender may be ordered to reimburse victims for financial losses incurred due to the offender's crime. This reimbursement is called "restitution," and it may be ordered for lost income, property damage, counseling, medical expenses, ...
The Financial Litigation Unit (FLU) is charged with enforcing orders of restitution, and monitors efforts in enforcing a Judgment if defendant assets or income are identified. FLU will pursue various means to enforce restitution, as its resources permit, on behalf of identified victims for 20 years from the filing date of the Judgment, plus the time period of actual incarceration, or until death of the defendant. In addition, while a defendant is under the supervision of a probation officer, that probation officer will also monitor and ensure appropriate restitution is paid, where possible.
While defendants may make partial payments toward the full restitution owed, it is rare that defendants are able to fully pay the entire restitution amount owed. If and when the defendant pays, you most likely will receive a number of small payments over a long period of time.
In most fraud cases , restitution may be ordered when victims of the offense of conviction have suffered the loss of money or some negotiable instrument (investor fraud offenses or offenses involving the misuse of stolen credit cards), or the damage or loss of property. The Court may order a defendant to pay an amount equal to each victim's actual losses, usually the value of the principle or property fraudulently obtained.
The Mandatory Restitution Act of 1996 established procedures for determining the amount of restitution to which a victim may be entitled. Information on procedures for restitution for crimes which occurred before the Act was passed--April 24, 1996--is also included. The Act provides that 'identified' victims may be entitled to an order ...
If a defendant pleads guilty or is found guilty at trial, the United States Attorney’s office will provide the United States Probation Office with available information on each identified victim's loss. This information is usually obtained by the case agent during the investigation.
A United States Probation Officer provides victims with a Declaration statement form after a defendant has been convicted at trial or has pleaded guilty. Victims should consider closely the types of restitution allowable, as it is often limited, and may not include damages for such things as pain and suffering.
In most cases, attorney’s fees, and tax penalties are not included in court ordered restitution. The Court may order the return of property or money to a victim or to someone a victim chooses. The Court may also order restitution to persons other than victims of a convicted offense, if agreed to in a plea agreement.
The Victim Impact Statement provides an important way for the Judge to consider losses and harm as a result of the crime. The Victim Impact Statement is provided by the Victim Witness Unit in the U.S. Attorney’s Office. However, the probation officer may also request this information from you.
In some cases, a victim may also wish to file a civil action or file in small claims court against a defendant to recoup losses caused by the crime. For advice on the wisdom of such a suit, you should consult with a private attorney of your choice, or the Small Claims Court in the county in which the crime occurred.
Attorney General Maura Healey is the chief lawyer and law enforcement officer of the Commonwealth of Massachusetts.
The Massachusetts Attorney General’s Office is an advocate and resource for the people of Massachusetts in many ways, including protecting consumers, combating fraud and corruption, investigating and prosecuting crime, and protecting the environment, workers, and civil rights.
(a) Except as otherwise provided in this section, any creditor who fails to complywith any requirement imposed under this chapter or any rule or regulation issuedthereunder...is liable [for]...: actual damages; liquidated damages (calculateddifferently for individual and class actions); and (3) In the case of any successfulaction to enforce the foregoing liability or in any action in which a person isdetermined to have a right of rescission under §10, the costs of the action, togetherwith a reasonableattorney’s feeas determined by the court.
Any employer who discharges or discriminates against an employee forcomplaining about wage or other violations under this chapter, or fortestifying or intending to testify about said violations, shall be subject to civilpenalties, and liable for up to two months wages, and reasonableattorney’sfees.
51B Investigation of Report of Abuse(o) No employer shall discharge, discriminate or retaliate against a mandatedreporter who, in good faith, provides such information, testifies or is about totestify in any proceeding involving child abuse or neglect unless such personperpetrated or inflicted such abuse or neglect. Any employer who discharges,discriminates or retaliates against such a person shall be liable to such personfor treble damages, costs and attorney's fees.