Statue of Lady Justice in a Dallas courtroom.
Restitution
Federal prosecutors have a legal duty to seek restitution for sex trafficking victims, which can make a big difference in their lives. But prosecutors continue to fail to seek restitution judgments in cases and judges are not requiring them to do so.
What it is
Restitution is a financial penalty assessed against criminal defendants at sentencing that serves to compensate their victims for certain injuries and financial losses suffered from that person’s criminal acts. The Supreme Court ruled in January 2026 that Congress intended restitution under a relevant federal law to “both punish and compensate.” Restitution for sex trafficking convictions has been mandatory since 2000 and must be ordered regardless of whether the defendant has the means to pay or the victim requests it. Restitution payments received by sex trafficking victims are not taxed.
Importance
The DOJ says it is a “critical component of survivor empowerment and recovery” and it can be a “life-changing resource for trafficking survivors.”
How it works
Restitution operates as a lien, similar to a tax lien, “in favor of the United States” on all property belonging to the defendant, including marital property. It allows the government to collect money from a defendant to pay restitution.
How victim losses are determined
Survivors are asked to complete a “Victim Impact Statement,” which gives the judge critical information. They also can request restitution and detail their losses in a “Victim Loss Statement.” The U.S. Probation Office calculates the amount with help from federal agents and prosecutors and includes it in the defendant’s presentence report that the judge relies on at sentencing.
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Timeframe
Restitution is typically ordered at sentencing but extensions can be granted. Courts have up to 90 days after sentencing to enter a restitution order, but that is not an absolute deadline, and judges can still issue restitution orders after that. Some have done so a year after sentencing.
Eligible costs
Any costs incurred for medical services (physical, psychiatric, or psychological); rehabilitation (physical and occupational therapy); counseling, transportation, temporary housing, childcare expenses, lost income and attorneys’ fees can be reimbursed by restitution. Estimated costs for future medical and mental health needs also are included, as well as the value of the forced services or labor while trafficked.
How labor costs are calculated
The value of a victim’s forced labor is calculated based on the defendant’s gross income from the commercial sex acts. That includes the length of time the victim was trafficked; the average number of clients per night; and the average price charged per client. If an offender trafficked a victim for 10 days, for example, and the victim saw five clients per day, for an average fee of $200, the total restitution would come to $10,000 (10 x 5 x 200). In one case, the judge multiplied the number of days the victim was trafficked by the daily earnings quota of $500. The illegality of the sex work involved is not relevant to a restitution determination because it was forced on the victim. Also, prosecutors should not deduct or offset a trafficker’s expenses from the total restitution amount, like the cost of hotel rooms, advertisements, food and clothing.
Accuracy of estimates
Estimates of traffickers’ earnings should be calculated with “reasonable certainty” and need not be “mathematically precise,” according to case law.
Evidence to support a restitution order
A prosecutor may rely on evidence that was admitted at trial, presented to a grand jury and/or obtained during the investigation. Dates and times can be corroborated by hotel receipts, travel reservations, text messages and internet advertisements. Prices and customer volume can be documented by text messages between traffickers and victims. Victim statements to law enforcement in court reports also are helpful. The government must prove its case by a preponderance of the evidence.
Damages that are not compensable
Judges may not order restitution for pain and suffering caused by an offender. Sex trafficking victims, however, can seek those damages in a separate civil lawsuit against the defendant, as well as punitive damages among others.
How to increase the chances of obtaining a restitution order
Some judges may not know that sex trafficking restitution is mandatory under federal law. Therefore, the DOJ recommends that prosecutors file a restitution motion that cites the legal authority as well as any relevant evidence for restitution. This can also be done in a sentencing memorandum. When federal prosecutors requested restitution in 2018 in human trafficking cases, it was granted 75% of the time. But when they did not, just 7% of cases had restitution orders, according to the Human Trafficking Institute.
Other ways to improve the chances of restitution
Restitution can be made a part of the defendant’s plea agreement. Both the defendant and the government can agree to a restitution amount for one or more victims. Or both sides can agree to calculate restitution at a later date, even when the defendant does not plead guilty to a sex trafficking charge. Prosecutors should try to develop the necessary evidence for restitution from the earliest stages of the investigation.
Disputes over restitution
If the defense objects to a restitution amount, a hearing can be held to present evidence to a judge. Victims are not required to testify at restitution hearings, and prosecutors are not required to present any sworn testimony.
Why some victims decline to seek restitution
They may not want to come forward because they are not in the U.S. legally or they might have a criminal history. They may not know their rights and/or lack legal help and counseling to navigate the process. They may face stigma or discrimination in their communities, and they could fear retribution from their abusers or associates. Also, survivors can feel intimidation or mistrust toward law enforcement and the judicial process.
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How restitution is collected
A convicted offender can make scheduled payments from prison and after they are released. If an offender will not pay, the U.S. attorney’s Financial Litigation Unit has lawyers who specialize in collection efforts such as the use of forced asset sales and wage garnishments. Prosecutors have 20 years to collect from the date of the restitution judgment. Even if an offender has been released from prison and completed their period of community supervision, they are still obligated to make restitution payments. A 10% surcharge for collection efforts can be tacked onto the total. Restitution debt cannot be discharged in bankruptcy proceedings.
When there are multiple defendants
Courts may order restitution to be paid “jointly and severally” by multiple defendants. That means each defendant is responsible for paying their portion of the total, regardless of other contributions, until the full restitution amount is paid.
When victims are dead
Restitution can be paid to the victim’s estate. The judge can order the defendant to pay the cost of “necessary funeral and related services,” and to reimburse the victim’s representative “for their own lost wages and travel expenses related to the investigation and prosecution.”
When judges may decline restitution
In rare instances, when the number of identifiable victims in a case or the complexity of the issues make it impractical to award restitution, a judge may decline to do so. This usually refers to large cases with hundreds of victims nationwide, like the Backpage website prosecution. However, in such cases, the government typically establishes a compensation fund, to which victims can apply for financial assistance through a separate process called remission.
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How remission works
Remission is the use of a defendant’s forfeited money to pay victim compensation, whether or not there is a restitution order in a case. It’s used primarily in large cases with dozens or even hundreds of victims, like the Bernie Madoff fraud case. Prosecutors are supposed to identify all victims and give them notice of the opportunity to apply. It does not need to be submitted on a specific form, but victims must submit documentation of their losses to be eligible for payment. The benefit of this process is that it has longer deadlines, to allow for a thorough search for potential victims.
Another restitution method
The Justice Department can also use a process called “restoration” whereby a defendant’s forfeited proceeds are applied toward an order of restitution, without a victim having to submit a petition. It’s quicker and easier than remission, but the Attorney General has to grant approval. Prosecutors in North Texas typically use restoration in large financial fraud cases.