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Intercultural Human Rights Law Review

Authors

Jerry Schreiber

First Page

221

Abstract

All too often, restitution orders go uncollected. Why? The answer is painfully simple. By the time the restitution order is obtained or the forfeiture of the trafficking defendant's property occurs, the defendant has either dissipated or disposed of his assets leaving little or nothing for the victim. Before discussing the solution to this problem, relevant matters should be discussed. This paper will only consider the applicable federal law. State law varies; but if restitution is mandatory under state law, this same approach to collecting restitution for the trafficking victim can be applied to cases involving State prosecution of criminal trafficking defendants.

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