High-profile crimes often provoke intense media interest—putting the spotlight of public exposure not only on the perpetrator, but also on the victims. Crime victims frequently are entitled to restitution, but obtaining restitution can risk public exposure by requiring a victim to make public filings or otherwise appear in a public court proceeding. Those filings might reveal not only the victim’s name, but also details of their finances and past business dealings. How can an attorney help a crime victim obtain restitution and also protect her privacy?

Right to Restitution

The Mandatory Victims Restitution Act (MVRA) requires that defendants convicted of certain crimes make restitution to victims for their losses.1 But while restitution may be mandatory, it is not automatic. Rather, in order to obtain restitution, either the government or the victim must file an application with the court establishing that the victim is entitled to compensation under the MVRA.2 Based on this application, the court also determines the amount of the victim’s loss and, ultimately, the amount that the perpetrator must pay. The defendant has the right to challenge the application, and the court may resolve any dispute about the victim’s right to restitution or the amount of the award either on paper or in a hearing.