Restitution Rights for Victims

By Julie Nauman, VCGCB Executive Officer

The question was recently posed about the fairness of asking defendants to pay restitution when they have so many other hurdles to overcome. I certainly understand these are trying financial times for everyone, for defendants and victims. While difficulties for offenders post-incarceration may be more visible to the public, let me remind you that we receive requests for assistance from victims that have lost jobs, homes, means of transportation, and physical aptitude, many of whom have suffered life-altering changes and significant mental trauma as a result of crime. Victims do not ask to be victimized and each has the absolute right to be made whole.

Many crime victims suffer life-altering losses.

The Victims’ Bill of Rights Act of 2008 codified the right to restitution along with other important victim rights. Restitution plays an important role in healing for victims. It is designed to provide financial restoration and to mitigate some of the negative impacts of crime. A victim of crime should not have to suffer calls from bill collectors or loss of independence because of someone else’s choices. Restitution can financially relieve the burdens placed on victims as a result of the crimes that occurred.

Restitution can be beneficial not only for victims, but also for offenders. For many offenders, restitution acts as a tool for their rehabilitation. Studies have shown that paying restitution can reduce recidivism. It gives offenders a way to take responsibility for their actions, make reparations to victims, and address feelings of guilt in a helpful way.

"We cannot forget about the support needed for victims who are impacted by unforeseen crimes, many of whose worlds are turned upside down."

There is no mistaking that crime costs us all. However, restitution fines help to shift the financial responsibility for crime back to the offenders. The money collected through fines paid by offenders helps to keep the Restitution Fund viable so victims’ needs may be met if there is no other form of payment available; for example, when the offender’s identity is unknown, or when a defendant is unable to pay for all of the expenses immediately.

It is important to uphold the rights of California’s victims. We cannot forget about the support needed for victims who are impacted by unforeseen crimes, many of whose worlds are turned upside down. I remain committed to our fight to ensure that victims receive the restitution owed to them and that offenders pay their debts.

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Julie Nauman is the Executive Officer for the Victim Compensation and Government Claims Board (VCGCB). VCGCB provides compensation for victims of violent crime and helps to resolve claims against the State.

CalVCP Investigations Return Money Back to Victims

By Julie Nauman, VCGCB Executive Officer

CalVCP has helped countless victims of violent crimes since 1965, with over 55,000 victims applying for assistance annually. While the vast majority of CalVCP claims received are from genuine victims and care-takers that need reimbursement, some individuals submit fraudulent claims to steal money that does not belong to them. It is during such instances that the critical work of CalVCP stands out.

No industry, company, or agency is immune from ongoing acts of stealing by aggressive financial thieves. To help safeguard against theft, CalVCP exercises appropriate controls and methods to prevent and uncover fraud, beginning with our Help Center.

Recently, two California residents were convicted of defrauding CalVCP when they submitted phony invoices for the care of a victim. The two women were sentenced to county jail and probation and ordered to repay CalVCP nearly $70,000--the full amount they fraudulently acquired. Due to the diligent work of the Audits and Investigation Unit and the CalVCP Help Center, the money will be returned to the Restitution Fund so actual victims and care-takers can receive the financial assistance they need.

Media is shedding increasing light on many types of fraudulent activities nationwide. No industry, company, or agency is immune from ongoing acts of stealing by aggressive financial thieves. To help safeguard against theft, CalVCP exercises appropriate controls and methods to prevent and uncover fraud, beginning with our Help Center. The unit answers approximately 7,000 calls each month and is careful to stay alert of suspicious activities and patterns. Questionable claims undergo an initial investigation and are referred to the Audits and Investigations Unit for further examination.

A painstaking review is conducted to verify the accuracy of the claim and documents submitted, and to investigate inconsistencies or suspicious activity. The scrupulous review can take anywhere between four to five months in which the appropriate cases are then referred to local authorities or the California Office of the Attorney General for prosecution. It is through the court that defendants are ordered to repay CalVCP, making funds available to victims.

In addition to the current internal controls and prevention methods in place, a portion of investigated claims begins from an anonymous tip. The public can play an important role in reducing misuse of the Restitution Fund by contacting CalVCP. If you are suspicious or aware of fraudulent activity, please contact our Victim Helpline at 1-800-777-9229. All anonymous tipsters’ identities will remain strictly confidential.

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Julie Nauman is the Executive Officer for the Victim Compensation and Government Claims Board (VCGCB), appointed in 2008. VCGCB provides compensation for victims of violent crime and helps to resolve claims against the State.