NACDL - National Association of Criminal Defense Lawyers
News Release
New Report Reveals How Federal Restitution Law Fails Both Defendants and Victims
September 16, 2025
A System Designed for Lifetime Punishment, Not Fair and Reasonable Compensation
Washington, DC (September 16, 2025) – The National Association of Criminal Defense Lawyers (NACDL) released a new report titled “Empty Pockets and Empty Promises: How Federal Restitution Law Fails Everyone.” Written by Professor Cortney Lollar of Georgia State University College of Law, the report finds that federal restitution prioritizes punishing defendants over compensating victims, saddling individuals in lifelong debt and collateral consequences with little benefit for those it claims to help.
“In theory, it’s easy to support reimbursement for losses incurred as a result of criminal harm,” according to Lollar. “But the reality of criminal restitution is quite different. The average federal criminal restitution order is over $3.3 million, before interest and penalties accrue. Yet under the prevailing federal restitution statute, judges are not allowed to consider a person’s ability to pay when imposing criminal restitution. Most people convicted of federal crimes will never be able to pay off this debt, leaving them ensnared in the criminal legal system long after they have completed the rest of their sentence – and leaving crime victims with unrealistic expectations. And despite the perception, those who owe federal restitution debt are not so different in financial, gender, and racial demographics than the overall population of those charged with federal crimes. At the same time, many crime victims are not individuals but corporations and government agencies, and in 30% of cases, no person or entity experienced a financial loss. In short, the federal restitution system as it currently exists serves no one and is need of substantial transformation.”
The report was informed by firsthand accounts from The Ladies of Hope Ministries (The LOHM), a non-profit supporting women impacted by the criminal legal system. Speaking about the women who shared their stories, The LOHM Founder Dr. Topeka K. Sam said: “Women who have already paid their debt by surviving prison should not be shackled for life by restitution, fines, and fees. Every day this burden continues, families are robbed of stability and mothers are forced to choose between feeding their children and paying a system that gives nothing back. This is not justice – it is punishment without end. And yet, these women rise – with courage, with faith, and with a fierce love for their families. They are not asking for pity – they are asking for restoration, for dignity, and for the true freedom to begin again. Second chances must be real, and the time to act is now.”
The report arrives as the U.S. Supreme Court prepares to considerEllingburg v. United States, a case that will determine if restitution orders are a form of criminal punishment or civil compensation. NACDL filed an amicus brief arguing that restitution is punitive and therefore subject to constitutional restrictions.
“When courts are required to impose restitution in amounts that can never be paid, it makes a mockery of the criminal legal system,” said NACDL President Andrew Birrell. “Individuals with outstanding criminal restitution obligations remain under criminal court supervision with no way out. They may be barred from voting, obtaining professional licenses, possessing firearms, and more. They face the looming threat of reincarceration, all while their wages are garnished and their tax refunds are withheld. It is clear our system is in desperate need of reform.”
Jessie Diamond, Deputy Director, Public Affairs and Communications, (202) 465-7647 or jdiamond@nacdl.org
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.