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Criminal Non-Support of Child Support

DCL-93-61

Published: December 2, 1993
Information About:
State/Local Child Support Agencies
Topics:
Case Management, Enforcement
Types:
Policy, Dear Colleague Letters (DCL)
Tags:
Criminal Non-support/PSOC

TO ALL STATE IV-D DIRECTORS

Dear Colleague:

As you know, we have previously disseminated information concerning prosecution of cases by United States Attorneys under Federal law [18 U.S.C. õ228] which makes willful nonpayment of support of a child who resides in another State a Federal offense. On November 17, 1992, we issued a Dear Colleague letter [OCSE-DC-92-49] describing the enactment of the Child Support Recovery Act of 1992 (Pub. L. 102-521) and outlining the specific provisions of the Act relating to the elements of the Federal offense.

This was followed by another memorandum issued August 25, 1993 [OCSE-DC-93-39], attaching the "Prosecutive Guidelines and Procedures for the Child Support Recovery Act" issued by Attorney General Janet Reno on July 13, 1993. In that memorandum, we stressed the significance of establishing effective working relationships between State IV-D agencies and United States Attorneys' Offices. We encouraged IV-D agencies to take the initiative in contacting their respective United States Attorney concerning actions under the Federal law.

We are pleased to learn that many of you or your designees have met with your respective United States Attorneys for the district(s) situated within your State to discuss and develop procedures for referral of appropriate cases for possible prosecution under this Federal law. We are enclosing for your review and consideration a copy of the procedures and forms developed as a result of discussions between the Virginia Division of Child Support Enforcement and the United States Attorney for the Eastern District of Virginia as an example of one approach.

We have been asked to provide policy guidance concerning several issues raised as States contemplate the use of this additional remedy. The questions raised and our responses are as follows:

Question #1: Must a case be a IV-D case as a condition of referral for possible prosecution under the Federal criminal nonsupport statute?

Answer: No. In its July 13, 1993 guidelines document, the Department of Justice clearly recognizes that complaints and referrals for investigation of possible Federal criminal nonsupport violations may come from private lawyers, individual complainants, or state and local agencies. There is no indication in the guidelines that a case must have utilized the services of the IV-D program before it will be considered by the Justice Department. The directives suggest, but do not require, that United States Attorneys coordinate the preparation of referral package information with the appropriate IV-D agency.

Although several of the collection remedies referenced in the guidelines are available only to IV-D cases (e.g., Federal income tax refund offset process, full collection services of the Internal Revenue Service), the guidelines specify that, as a general rule, the referral must indicate that "all reasonably available remedies have been exhausted." This does not necessarily mean that a non-IV-D case in which certain remedies have not been utilized will not be pursued.

However, decisions about whether or not to proceed with further investigation and the filing of charges rests entirely within the discretion of the individual United States Attorney to whom a complaint has been made. While IV-D status is not a prerequisite, it is possible that an individual district may establish procedures whereby complainants who have not availed themselves of public child support enforcement services provided through the State IV-D program are referred to the State or local IV-D program to explore use of enforcement remedies available under State law first.

Question #2: Since there is no requirement that a case be a IV-D case as a condition of filing Federal criminal nonsupport charges, what responsibility does a State or local IV-D agency have with respect to preparation of a case information referral package for use by the United States Attorney in a non-IV-D case, either at the request of an individual complainant or their counsel or the United States Attorney?

Answer: There are no Federal laws or regulations which require a State IV-D agency to handle such an activity. Furthermore, any activities performed for non-IV-D cases would not be eligible for Federal financial participation.

As indicated previously, establishment of procedures for handling potential Federal criminal nonsupport cases (both IV-D and non-IV-D) is within the discretion of each United States Attorney, and a matter which we encourage States to explore in discussing expectations and protocol with their respective United States Attorney. Options a State IV-D agency could consider under such circumstances include accepting an application for IV-D services and fee, if any, and establishing the case as a IV-D case; or providing the referral package to the applicant to complete and submit directly to the United States Attorney.

Page 3 - State IV-D Directors

Question #3: Are there any restrictions which would limit the kind and scope of information provided to United States Attorneys when a IV-D case is referred for possible prosecution under 18 U.S.C. õ228?

Answer: Federal regulations at 45 CFR õ303.21 specify the limited circumstances under which information concerning applicants and recipients of services under the IV-D program may be used or disclosed. Section 303.21(a)(2) provides that information may be used or disclosed for purposes directly connected with criminal proceedings conducted in connection with administration of the IV-D plan or program. Permissive enforcement activities under the IV-D program may encompass referral of appropriate cases to United States Attorneys for criminal prosecutions under Federal law. With the exception of Federal tax return information, the redisclosure of which is specifically prohibited by the Internal Revenue Code [26 U.S.C. õ6l03(p)(4)], IV-D case information accompanying such referrals would fall within the õ303.21(a)(2) limited exception. An analogy may be drawn to the provision of case information to courts and law enforcement officials as part of a cooperative agreement as set forth in 45 CFR õ302.34. Thus, to the extent information is relevant to the duties to be performed, it should be shared.

With respect to Federal income tax returns and return information, United States Attorneys can, in their own right, apply to the Federal court, pursuant to 26 U.S.C. õ6103(i) (1), for an ex parte order directing the IRS to disclose such returns and return information to the United States Attorney, the F.B.I., or others specifically designated, for the exclusive use in a Federal criminal investigation or proceeding where the information sought cannot reasonably be obtained from other sources.

Appendix 5 of the Justice Department's Guidelines (attachment to OCSE-DC-93-39) enumerates the referral information requested by the Justice Department as essential to their determination of whether prosecution is appropriate in a particular case. The information described in the guidelines does not appear to include any information for which disclosure would be prohibited under Federal law and regulations governing the IV-D program, although State law may impose restrictions.

Page 4 - State IV-D Directors

Question #4: Concern has been expressed that continuation of enforcement action by a State or local IV-D agency following the referral of a particular case to the United States Attorney could potentially interfere with the criminal prosecution. May IV-D agencies enforcement activities cease following referral of a IV-D case to a United States Attorney for possible prosecution under 18 U.S.C. õ228?

Answer: Responsibilities for enforcing support obligations in IV-D cases are governed by Federal regulat

ions at 45 CFR õ303.6. At a minimum, IV-D agencies must maintain and use an effective system for monitoring compliance with support obligations, identifying failure to comply by accrual of arrearages equivalent to the support due for one month, initiating wage withholding, taking any appropriate enforcement action, and annual submittal of eligible cases for Federal and State income tax refund offset processes.

As recommended in the Justice Department's guidelines, as a general principle, cases for potential Federal prosecution should be accepted only where the referral makes clear that all reasonably available remedies have been exhausted. Therefore, the kinds of cases which would appear to meet the Justice Department criteria are generally those in which wage withholding and Federal and State income tax refund offset have been already attempted, without successful result.

Referral of a IV-D case to a United States Attorney for possible prosecution constitutes an enforcement action under õ303.6(c)(2). Actions previously taken, such as placement of liens on real and personal property or wage withholding provisions in orders, are not affected or negated by such a referral. The case retains its IV-D status, and absent meeting one of the criteria at 45 CFR õ303.11(b), case closure would not be appropriate. The case should not be removed from the Federal and State income tax refund submittal rolls. If wages or other income are identified, withholding must proceed.

However, one of the most critical aspects of the referral process in these cases is the need for regular and frequent communication of information about significant case developments between and by both the IV-D agency and the United States Attorney. It is essential that the United States Attorney to whom the matter has been referred be apprised of updated or supplemental information. particularly receipt of payments, following a referral so that State civil enforcement does not have negative repercussions upon the Federal criminal activity. Similarly, the United States Attorney's decision not to proceed with a prosecution or information concerning other pertinent events as the Federal criminal case progresses should be promptly conveyed to the IV-D agency. We anticipate that the two agencies can mutually agree about the communication protocol as part of their development of referral procedures in each district.

Question #5: To what extent is Federal financial participation (FFP)through the Title IV-D program available for a State prosecuting attorney to handle Federal cases as a Special Assistant United States Attorney?

Page 5 - State IV-D Directors

Answer: The appointment and use of Special Assistant United States Attorneys is entirely within the individual discretion of each United States Attorney. Should a United States attorney request the assistance of, and arrange for, a local prosecuting attorney to handle prosecutions under the Federal criminal nonsupport statute, Federal financial participation would be available for the necessary expenditures for the support enforcement services and activities performed in IV-D cases, provided that the local prosecuting attorney performing such activities does so under, and in accordance with, a cooperative arrangement with the State IV-D agency under 45 CFR õ302.34 and subject to the FFP limitations at 45 CFR õ304.21(b).

We hope that the foregoing information will be helpful to you as you continue to work with United States Attorneys and their staff.

Sincerely,

Robert C. Harris

Acting Deputy Director,

Office of Child Support Enforcement

Enclosure

cc: ACF Regional Administrators

Assistant Regional Administrators for Family Security

Child Support Program Managers, Regions I - X

VIRGINIA DEPARTMENT OF SOCIAL SERVICES

DIVISION OF CHILD SUPPORT ENFORCEMENT

TO: CHILD SUPPORT ENFORCEMENT STAFF DATE: JUNE 28, 1993

FROM: JOSEPH S. CRANE POLICY CLARIFICATION #93-6

SUBJECT: CRIMINAL PROSECUTION OF ABSENT

PARENTS IN INTERSTATE CASES WHO

WILLFULLY AVOID PAYMENT OF CHILD

SUPPORT

--------------------------------------------------------------------

EFFECTIVE DATE:July 1, 1993

The United States Attorney Eastern District of Virginia office has been working with the Division of Child support Enforcement to determine how the child support Recovery Act of 1992 might best be implanted in Virginia. His clarification will explain the criterion for selection and the process for referral of cases to the U.S. Attorney's Office, procedures for case flow through the U.S. Attorney's Office, and DCSE's responsibility for on-going maintenance of cases after they have been referred. These procedures and forms will be reviewed for the next three months to determine their effectiveness and will be revised as needed. Your comments both on the process and forms are welcomed and may be sent to Penny Pellow at the central office.

AFFECTED DISTRICTS: Suffolk, Norfolk, Newport News, Portsmouth, Virginia Beach, Henrico, Richmond, Charlottesville, Danville, Lynchburg, Fairfax, Manassas, Fredericksburg, and Petersburg. (See attached listing.) Other district offices will be added at a later date.

BACKGROUND: The Child Support Recovery Act of 1992 makes the willful failure to pay a past due support obligation with respect to a child living in another state a federal crime.

Penalties under the statute are:

(1) for the first offense, not more than 6 months imprisonment and/or fine of $5000;

(2) for the second offense, not more than 2 years imprisonment and/or fine of $250,000.

Restitution by the absent parent in an amount equal to the past support obligation is also required upon conviction.

In addition, federal courts are specifically authorized to make compliance with child support obligations a condition of probation in any criminal matter.

Since the absent parents are subject to criminal sanctions under this new federal law, this remedy is a serious response reserved for the most egregious cases. Those absent parents expected to qualify under this statute should not currently be paying child support; have not paid for more than one year or be $5000 in arrears; and have willfully taken steps to avoid payments, i.e., unreported changes in employment, concealing assets or location, using false identification, or relocating out of state to avoid paying support.

I. CRITERIA FOR SELECTING CASES FOR REFERRAL TO THE U.S. ATTORNEY'S OFFICE

A.The case must be an active case with the Division of Child Support Enforcement (DCSE). The U.S. Attorney's office is considering for prosecution under this Act only custodial parents who are referred by the DCSE.

1.Persons who apply directly to USAO or the Federal Bureau of Investigation for services will be referred to DCSE.

2.If the person wishing services under the is not already receiving DCSE services, DCSE will take an application from the individual.

a.DCSE will process such applications like any other application with the exception that, if the applicant states that she was referred from the USAO, the district manager will be notified. It will be the district manager's responsibility to maintain a tracking process for such cases and to monitor the progress of these cases.

b.DCSE will provide the same location and enforcement services provided all other cases prior to referral to the USAO for prosecution.

B.The case must be an interstate case with one parent residing in Virginia and the other parent residing in another state.

C.Paternity and a child support obligation must be established.

D.Past due support must be owed for more than one year beginning October 26, 1992 or past due support must be greater than $5,000. Cases with less than $5,000 arrears cannot be referred until after October 26, 1993.

E.There must be evidence that the absent parent willfully failed to pay child support.

F.When the absent parent is in Virginia and his or her location is unknown, there must be evidence of a pattern of avoidance. For sample, DCSE has an address, has good reason to believe the address is valid, but service cannot be made because of the absent parent's avoidance of service.

G.When the absent parent resides in Virginia and his location is known, all appropriate administrative and judicial enforcement actions, must have been attempted or taken and proven unsuccessful with the exception of full IRS enforcement and intercept processes.

1.It is not necessary to have attempted URESA unless the other IV-D agency requires GSA action to enforce child support.

2.If enforcement was unsuccessful due to the noncooperation of the other IV-D agency rather than due to an enforcement action being unsuccessful, steps to notify OCSE of the noncooperation should be taken. Noncooperation by another IV-D agency is not sufficient reason to refer a case to the USAO.

B.When the absent parent resides out of state and his location is known, all appropriate administrative, long arm, and IV-D to IV-D enforcement actions must have been attempted or taken and proven unsuccessful.

I.There should be a current support order. This remedy will not be used for arrears only cases unless the district office can prove a compelling reason for USAO to pursue the case.

II. REFERRAL OF CASES TO THE U.S. ATTORNEY'S OFFICE (USAO)

A.Complete the Checklist for U.S. Attorney Office Prosecution form I attached). This assures that the criteria for referral are met and documented in the case file.

B.Contact custodial parent or other IV-D agency, as applicable , to verify the custodial parent's address and fact that child is still in his or her physical custody.

C.Obtain approval of supervisor and district manager for referral to USAO.

D. Once approval of the district manager is obtained, complete the U.S. Attorney Office Referral for Prosecution form (attached). This form includes the absent parent's name, address if known, date of birth, social security number, place of employment, date of last verification of place of employment; the custodial parent and child's city or county and state of residence; the child's age; and a brief description of the child's disability, if any; amount of past due child support owed and date of last payment; certification that all appropriate state remedies have been attempted or taken and proven unsuccessful; and the contact person's name (district manager) and phone numbers.

E.Prepare a file folder to be sent to the USAO along with the referral form which should include the information listed below if possible.

The most important information is the evidence of the willful nonpayment of the support obligation. All the information listed below may not he available in each case . If some of the information is not available the case may still be referred. Discuss with the supervisor the advisability of referring the case. If you only have a little information, but it clearly shows a willful intent to avoid paying child support, it may be an appropriate referral. We will refine these requirements as cases are referred and we gain more experience in this area.

1.a narrative, chronological summary of all remedies pursued and the outcome. This might include:

a.the reason the district believes that the absent parent has attempted to avoid payment of child support.

b .dates of service of documents and places where documents were served or other evidence that absent parent has moved from one state to another to avoid payment of child support.

c.evidence of a pattern of deception to avoid payment such as changing employment, concealing assets or location, or using false social security numbers.

d.reason for concluding that further state action would be unproductive.

e. a statement from DCSE attesting to the amount of support owed.

2.photograph of absent parent if available.

3. supporting information including:

a.copy of the 501 which has the absent parent's biographical information and any additional biographical information obtained by the district office

b.copy of support order and modification, if any

c.fiscal record showing history of unpaid child support which has been reviewed for accuracy

d.locate information showing evidence of absent parent's address

e.copies of all civil and criminal actions taken against absent parent, including wage withholding orders, liens, seizure and sale actions orders to withhold, petitions for show cause, etcetera, and the outcome of each

f.copies of all notices, if available, sent to the absentparent advising him or her of the responsibility to pay support

g.copies of, if available, the most recent financial statement and other available information about the absent parent's financial resources, such as credit card numbers, property, bank accounts, employer name, credit bureau reports, unemployment records, loan applications, business or occupational licenses, mortgage information, etcetera, if available.

4. any information, material, or evidence demonstrating the absent parent's willful failure to pay that obligation.

5. an explanation of any state criminal charges which may have been

filed or are pending.

6.information about whether the child has lived with the absent parent for any of the period of non support if known.

7.a statement regarding whether the custodial parent has been uncooperative in pursuing support.

F.Give a package containing the checklist, the referral form, and the USAO file to the district manager for approval and signature.

G. send complete package to:

Mr. Timothy J. Shea

Assistant United States Attorney

Eastern District of Virginia

1101 King Street, Suite 502

Alexandria, VA 22314

H.Maintain a copy of the signed referral form, the original of the checklist, and a copy of the narrative and all documents sent to the USAO.

I. Send a copy of the referral form to Julie Cooper, Assistant Director for Program Operations. For your information, the U.S. Attorney Office plans to handle DCSE referrals in the following manner.

III. U.S. ATTORNEY'S OFFICE PROCEDURES

A.Upon receipt of the referral including completed file from the DCSE district manager, the USAO plans to send a letter to the absent parent (copy attached) and will send a copy to the district office.

1.The letter notifies the parent that they are under investigation for a violation of the U.S. Code for failure to pay past due child support and explains the penalty.

2.The letter states that Prosecution will commence within 21 days of the date of that letter.

3.The letter advises the absent parent to contact the district manager with any questions about the money owed.

B.The USAO plans to refer the case to the appropriate USAO division to commence prosecution proceedings after the 21 day period has ended unless DCSE has advised them that the absent parent has complied with the child support order requirements or has made satisfactory alternate arrangement with the district office.

1 .Where the location of the absent parent is known, a "criminal information" will be filed and a summons requested. A copy of the criminal information will be sent to the DCSE district office. [Criminal information is a legal term meaning a written accusation against a person for some criminal offense with an indictment from a competent public officer instead of a grand jury.]

2.If the absent parent fails to appear on date summoned, a bench warrant will be requested. If granted by the court, the absent parent will then be considered a federal fugitive, and federal law enforcement officials will take appropriate steps to locate and arrest the fugitive (absent parent).

3 .Where the location of the absent parent is not known, a criminal information will be filed and an arrest warrant will be requested from the Court. Federal law enforcement, with the help of DCSE, will attempt to locate the absent parent.

4.For second offense cases, DCSE will send completed file to the USAO for consideration of prosecution. Under most circumstances, if the case is accepted for prosecution, charges will not be dismissed just because absent parent paid child support obligation after being informed of federal investigation.

IV. ON-GOING MAINTENANCE OF CASES REFERRED TO THE U.S. ATTORNEY'S OFFICE (USAO)

A.Continue with all appropriate case actions. Referral to the USAO is on enforcement remedy. Continue to take all other appropriate locate and enforcement actions.

B.The district manager must approve all contacts with the USAO office prior to the contact.

C.Notify DSAO office immediately if the absent parent pays the past due child support or makes satisfactory arrangements with DCSE to do so.

1.In such instances, Initially fax to Mr. Tim Shea, fax number (703) 574-3700.

2.Follow-up immediately in writing using the U.S. Attorney Office update form.

D. Notify the DSAO immediately when new locate information is obtained using the USAO Update Form.

E.Provide the OSAO biannually with updated case information, including amount of arrearage collected, if any, or the additional amount of support now owed using the DSAO update Form.

U.S. Department of Justice

United State Attorney

Eastern District of Virginia

USAO ALEXANDRIA DIVISION

Arlington (City)

Alexandria (City)

Fairfax

Falls Church (City)

Fauguier

Loudoun

Manassas (City)

Prince William

Stafford

USAO RICHMOND DIVISION

Amelia

Brunswick

Caroline

Charles City

Chesterfield

Colonial Heights (City)

Dinwiddie

Essex

Fredericksburg (City)

Goochland

Greensville

Hanover

Henrico

King and Queen

King George

King William

Lancaster

Lunenburg

Mecklenburg

Middlesex

New Kent

Northcumber1and

Nottoway

Powhatan

Prince Edward

Prince George

Richmond (City)

Richmond County

Spotsylvania

Surry

Sussex

Westmorland

DCSE DISTRICT OFFICE

Fairfax

Fairfax

Fairfax

Fairfax

Manassas

Manassas

Manassas

Manassas

Fredericksburg

DCSE DISTRICT OFFICE

Petersburg

Petersburg

Fredericksburg

Newport News

Henrico

Henrico

Petersburg

Fredericksburg

Fredericksburg

Charlottesville

Petersburg

Henrico

Henrico

Newport News

Fredericksburg

Newport News

Fredericksburg

Danville

Danville

Newport News

Newport News

Fredericksburg

Petersburg

Petersburg

Lynchburg

Petersburg

Richmond

Fredericksburg

Fredericksburg

Petersburg

Petersburg

Fredericksburg

USAO NORFOLK AND NEWPORT NEWS DIVISIONS

Accomack

Gloucester

Gloucester (City)

Hampton (City)

Isle of Wight

James City

Mathews

Newport News (City)

Norfolk (City)

Northampton

Portsmouth

Southampton

Virginia Beach

York

DCSE DISTRICT OFFICE

Eastern Shore Satellite

Newport News

Newport News

Newport News

Suffolk

Newport News

Newport News

Newport News

Norfolk

Eastern Shore Satellite

Portsmouth

Suffolk

Virginia Beach

Newport News

Note:All cases will initially be sent to Timothy Shea in the Eastern District Office. He will refer the case to the appropriate USAO division according to the procedures defined in this policy clarification.

Commonwealth of Virginia

Department of Social Service

Division of Child Support Enforcement

Checklist for U.S. Attorney Office Prosecution

DATE:_______________________DISTRICT OFFICE:_____________________

AP:______________________________________DCSE CASE #___________________

DISTRICT MANAGER: SPECIALIST____________________

The information below must be readily available at this time.

______ Signed application for DCSE services or assignment of rights in AFDC and AFDC/FC cases

______ Evidence that absent parent ___ owes at least $5,000 or

___ is one year delinquent as of October 26, 1993

______ Copy of most recent order for support (whether initial or modified)

______ Last address verified, date, and method of verification

______ Administrative and judicial enforcement remedies have been

utilized as appropriate and have been unsuccessful, excluding tax refund intercepts and IRS full collection

______ For absent parents residing in another state, the required

interstate enforcement tools have been utilized and the other state has been unsuccessful. (Please Note: If the other State has been unresponsive, utilize the Interstate Problem Referral

Form Process.) ___ Administrative ___ Long Arm

___ IV-D to IV-D

______ Custodial parent has been contacted within the past 30 days to verify that ___ no payments are being received directly and ___ he/she still has physical custody of the child(ren)

______ Fiscal record showing history of unpaid child support has been reviewed for accuracy

______ Employment/unemployment history

______ Information on property owned

______ Credit information, including credit cards

______ Evidence of concealment of assets

DCSE-764 Page 2 of 2

______ Information on other assets (including contacts from any party, title changes, anything on 1099 report)

______ Evidence of relocation to avoid payment of child support (contacts from any party, address history, employment history, court dates missed, etc.)

_____ If previous criminal actions, outcome

______ Any "lifestyle" information that would show pattern of flight to avoid payment or concealment of assets

______ Information regarding whether child lived with absent parent for any period of time

______ Photograph of absent parent if available

______ Brief description of child's disability or special needs if any

Enforcement Supervisor's

Signature:____________________________ Date: ______________

District Manager's Signature:____________________________ Date: _______________

Checklist for

U.S. Attorney Office Prosecution

Commonwealth of Virginia

Department of Social Services

Division of Child Support Enforcement

U.S. ATTORNEY OFFICE

REFERRAL FOR PROSECUTION

(DATE)

Mr. Timothy J. Shea

U.S. Attorney Office

Eastern District of Virginia

Suite 502

1101 King Street

Alexandria, Virginia 22314

Dear Mr. Shea:

Please be advised that in accordance with the Child Support Recovery Act the Division of Child Support Enforcement is referring the case attached to your office for review and action.

By copy of this letter I certify, as an authorized representative of the Division of Child Support Enforcement, that the division has utilized without success all appropriate enforcement remedies and resources to collect the past due child support owed by the absent parent identified on the attached page.

If you need to discuss this matter with me further, I can be reached at (phone number]. Thank you for your assistance.

Sincerely,

District Manager

Telephone number

c: Julie Cooper

Assistant Director for Program Operations

DCSE-765 Page 1 of 2

U.S. ATTORNEY OFFICE

REFERRAL FOR PROSECUTION

ATTACHMENT PAGE

NAME OF ABSENT PARENT:__________________________________________

LAST KNOWN ADDRESS:___________________________________________________

DATE OF VERIFICATION:___________________________________________

OF BIRTH:____________________________SSN:______________

OBLIGATION AMOUNT: ________________________FREQUENCY: _____________

AMOUNT OF PAST DUE CHILD SUPPORT:_____________________________________ DATE OF LAST PAYMENT:__________________________________________

NAME OF CUSTODY PARENT:________________________________________

DEPENDENT NAMESDOB CITY/COUNTY/STATE OF

RESIDENCE

______________________ __________ ______________________________

______________________ __________ ______________________________

______________________ __________ ______________________________

______________________ __________ ______________________________

______________________ __________ ______________________________

COMMENTS: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

** Attach USAO case file with narrative and copies of documents outlined in Policy Clarification 93-6.

District Office __________________________________

District Manager _________________________________

District Manager's Phone Number________________

USAO Referral

for prosecution

Page 2 of 2

Commonwealth of Virginia

Department of Social Services

Division of Child Support Enforcement

U.S. ATTORNEY OFFICE

UPDATE FORM

(Date)

Mr. Timothy J. Shea

U.S. Attorney

Eastern District

Suite 502

1101 King Street

Alexandria, Virginia 23214

RE: Absent Parent SSN________________

Custodial Parent____________________________

Amount Owed-to-Date__________________________

Dear Mr. Shea:

Please be advised the Division of Child Support Enforcement has obtained additional information in the above referenced case previously referred to your office. Outlined on the attached page is the updated information. Please contact me if you have any questions at (phone #).

Sincerely,

District Manager

Telephone Number

c: Julie Cooper

Assistant Director for Program Operations

DCSE-766 Page 1 of 2

USAO UPDATE FORM ATTACHMENT PAGE

RE:_______________________________________

Absent parent Name

______________________________________________________________________

/ / Terminate prosecution action because:

Absent Parent repaid past due support owed on:________________________ date Absent Parent made satisfactory arrangements for payment of passed due support.

Other, Explain:_______________________________________________________

______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

/ / Continue prosecution action. To assist you, the following information is provided:

Date Information Obtained:____________________________________________

Source:_______________________________________________________________

Information:__________________________________________________________ ______________________________________________________________________

Action by DCSE:_________________________________________________________________ ______________________________________________________________________

Comments:_____________________________________________________________

______________________________________________________________________

District Office_______________________________________________________

District Manager______________________________________________________

District Manager's Phone Number_______________________________________

USAO Update Form

Page 2 of 2

U. S. Department of Justice

United States Attorney

Eastern District of Virginia

1101 King Street

Suite 502

Alexandria, VA 22314

Dear:

Currently, the United States is conducting an investigation regarding your alleged violation of Title 18, United States Code, section 228 (failure to pay past due child support obligation).

A copy of the Child Support Recovery Act of 1992 is attached for your reference.

The Virginia Division of Child Support Enforcement has

advised us that you are in violation of a court or administrative order requiring you to make child support payments. Under certain circumstances, the willful failure to pay a past due support obligation is a violation of 18 U.S.C. õ228. Please be advised that the penalty for a first offense under this statute is imprisonment for not more than six months, a fine of $5000, or both. In addition, upon conviction, the court will order restitution in an amount equal to the past due support obligation.

It is our intention to commence prosecution in this case within 21 days of the date of this letter. If you have any questions concerning this matter or any child support obligation in arrears, please contact _____________________ of the Virginia Division of child Support Enforcement at (xxx) xxx-xxxx.

Sincerely yours,

KENNETH E. MELSON

UNITED STATES ATTORNEY

Timothy J. Shea

Assistant United States Attorney

TJS:

Enclosure

cc: Division of Child Support Enforcement