Jenner & Block

Prosecutorial Authority to "Preserve Assets" for Restitution, Written and Oral Testimony, United States House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security

On April 3, 2008, Partner Andrew Weissmann testified before the House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security regarding current proposals to amend federal restitution laws, including the proposed "Preservation of Assets for Restitution Act."

In his testimony, Mr. Weissmann analyzed how the proposed bill would allow the pre-conviction, and even pre-indictment, ex parte restraint of untainted assets that may be needed to satisfy a restitution order.   Mr. Weissmann stated the bill has a dearth of procedural safeguards for defendants and putative defendants and would lead to an unwarranted increase in prosecutorial power, without concomitant benefits to the public and crucial procedural protections.  He also testified about the potential Draconian impact on corporate and individual defendants if the bill were enacted.

Please view Mr. Weissmann's testimony.