Criminal Judgment Negotiations Sharon R Bock Clerk Comptroller

Criminal Judgment Negotiations Sharon R. Bock Clerk & Comptroller Palm Beach County Presenters: Louis Tomeo Hampton Peterson Clerk & Comptroller, Palm Beach County

Assessment Reduced to Judgment/Lien Timeframe Assessment Reduced to Judgment/Lien FY 13/14 $ 82. 3 million FY 14/15 $ 120. 5 million FY 15/16 $ 153. 4 million FY 16/17 $ 100. 4 million FY 17/18 $ 159. 3 million Total: $ 615. 9 million 94% INCREASE OVER 5 YEARS

PBC Assessments Reduced to Judgment Cases Reduced to Judgment since 2004: § 134, 027 Cases Total Judgment Amount Due: § $140, 251, 285. 12

938. 30 Financial obligations in criminal cases; supplementary proceedings. (9) The clerk of the court shall enforce, satisfy, compromise, settle, subordinate, release, or otherwise dispose of any debts or liens imposed and collected under this section in the same manner as prescribed in s. 938. 29(3).

Pilot Criteria • Selected a target group of cases. • Prison sentence was complete. • Retained private attorney at time case was resolved. • Since prison release, defendant has not been re-arrested. • Mail settlement letter.

Palm Beach County Settlement Letter VIA U. S. MAIL RE: State of Florida v. Corey L. Dempsey, Case No. 2008 CF 010114 BMB Dear Mr. Dempsey: On February 10, 2009, the Court signed an Order Assessing Additional Charges and Fines and Entering Judgment in the above-referenced action, which is attached. The Clerk & Comptroller, Palm Beach County is charged with the collection of these amounts. To date, we have only received $147. 59 towards these fines. The total balance due at this time is $102, 970. 41. Furthermore, the judgment bears interest at the rate prescribed by law until satisfied. Please contact our office as soon as possible to discuss a settlement amount and resolve this outstanding judgment. Sincerely, Hampton C. Peterson Legal Counsel & Ethics Office Clerk & Comptroller, Palm Beach County

Palm Beach County Pilot December 2015 Drug Trafficking 23 Letters Outcome # of Responses Age of cases: Settlements 14 Additional cases on payment plans 7 1987 - 2005 = 6 cases 2006 -2009 = 13 cases 2010 -2011 = 2 cases Did not respond 2 -

How are negotiations initiated? • Customer or attorney contacts our Court Compliance Team (CCT) to determine any outstanding balance(s) due. • CCT determines whether defendant is able to pay in a lump sum or via payment plan. • CCT will refer defendant to Clerk’s Legal Counsel to negotiate settlement/payment plan amount.

Negotiation Considerations • Attempt to collect entire amount of assessment. • Negotiate collection agency surcharge/accrued interest to reduce amount due. • More flexibility in negotiating older cases with higher assessments. • Consider length of time a payment plan will take to pay in full vs. a lump sum settlement. • Something is better than nothing!

Tools § Full Public Records Search including property, civil judgments, civil and criminal cases. § Facebook, Instagram, Linked. In, Google (family members). § DOC Website. § Information on immediate family members.

Distribution Formula 1. Determine the total percentage of the fee associated to each tier. FORMULA: Total of the Tier ÷ Total Assessment = % per Tier 2. Determine the amount to be assessed for each tier. FORMULA: % per Tier x Total Settlement Amount = New Tier Amount

Example of Settlement #1 State v. Gilles 2010 case and the original assessment was $53, 068. 00 INFORMATION ü Thomas Giles was released from the Department of Corrections on 5/25/15 at the address of 4268 Oakridge Place, Biloxi, MS (Harrison County), which is a property that he and Pamela Giles currently own through a life estate of Mrs. Ella Flynn. ü In a few of his criminal cases he was with a co-defendant by the name of Jennifer Marie Fredrich. Very little information could be found on her. ü There are no cases in his name and the only thing recorded is relating to his criminal judgment. ü He does have a Facebook account and it appears he has a daughter in Mississippi and he states that he graduated from the University of Southern Mississippi on 2003. ü A friend of his from the Fern House wrote a letter to the Judge about how Giles in an eight month period in 2010 helped over 300 addicts recover from addiction. ü He does not own any property here in Florida and his previous addresses used have changed multiple times over the years.

Results Settlement #1 State v. Giles $53, 068; settled for $15, 000 Compromise Considerations • Recalled from collections $21, 227. 20 • Waived interest • Reduced assessment Formula • Reduce the following tiers by the percentage: # 1 General Revenue (% x Settlement) # 2 COC Trust Funds (% x Settlement) # 3 State Trust Funds-Pro Rata (% x Settlement) # 4 Local Funds- Pro Rata (% x Settlement)

Distribution of Judgment State v. Giles Total TIER Original Assessment Adjusted Assessment $53, 068. 00 $15, 000. 00 Breakdown % Original Assessment Distributed Adjusted Assessment General Revenue COC Trust Fund State Trust Funds Local Funds Total of the Tier $45, 025. 80 84. 8455 $12, 726. 82 $5, 006. 85 9. 4349 $1, 415. 22 $2, 718. 00 5. 1216 $768. 26 $317. 35 . 5981 $89. 70 ÷ Total Assessed = % Distributed per Tier

Example of Settlement #2 State v. Mc. Millan Assessed $630, 323. 00 – after one year, settled for $260, 218. 80 2011 Case Adjudicated in 2017 INFORMATION • Mr. Mc. Millan was sentenced to prison for 25 years. • The Office of the State Attorney was made aware that the IRS had seized funds totaling $260, 218. 80 from Mr. Mc. Millan. • The SAO reached out to our Legal Counsel to contact the IRS regarding a settlement agreement with the available funds. • The IRS sent the funds to our office, and we applied the money to settle fees in full and close the case.

Example of Settlement #3 State v. Lewis 2014 case - Original Assessment $53, 093. 00 INFORMATION ü Mr. Lewis was sentenced to 5 years in prison in 2015. ü After completing his sentence early, he was released in 2019. He attended a reentry event and obtained the assistance of the Public Defender and the Clerk’s Office. ü His goal was to obtain his driver’s license to enable him to find employment. ü He does not own any property here in Florida and his previous addresses used have changed multiple times over the years.

Results Settlement #3 State v. Lewis Compromise Considerations • Collection Agency Fee waived. • Because of Mr. Lewis’s financial situation, we required a minimal initial payment in order to set up a payment plan. • Payment plan took into consideration his ability to pay - $20. 00 per month. • Mr. Lewis was able to reinstate his license and is current with payments.

Example of Settlement #4 State v. Perrotta Defendant had 11 criminal cases with total due of $8, 625. 07 Information: • Ms. Perrotta attended a Clerk & Comptroller speaking event regarding our Court Compliance Program. • She stated a relative was willing to pay a lump sum in order to settle all cases. Compromise Considerations: • Collection Agency fees recalled. • Waived interest on all cases. • Adjusted assessments on cases to allow full payment of fines on criminal cases to meet settlement amount.

Results Settlement #4 State v. Perotta # Case number Amount Assessed Amount Settled 1 2010 CF 014819 $1366. 59 $303. 63 2 2010 MM 014181 $297. 16 $149. 52 3 2011 CF 003816 $1287. 25 $303. 62 4 2011 CF 003817 $1287. 25 $303. 62 5 2011 CF 011005 $1266. 57 $303. 62 6 2011 CT 030064 $264. 60 $189. 00 7 2011 MM 001837 $496. 48 $253. 00 8 2011 MM 002867 $683. 23 $303. 62 9 2011 MM 015648 $673. 54 $303. 62 10 2014 MM 002118 $501. 20 $303. 62 11 2014 MM 012048 $501. 20 $303. 62 TOTALS: $8625. 07 $3020. 49

How to Handle Bankruptcy Proceedings • Recall cases noted in the bankruptcy notice from collections and make sure that you notify Legal of the proceeding. • Apply any payments received during the course of the case. • Once the bankruptcy case is closed, follow the final order discharging the debtor. • In Chapter 13 cases, the court may set up a payment plan or order a reduced payment. In Chapter 7 cases, the assessment will remain due.

Deceased Defendants • Outstanding criminal judgments can be collected for deceased defendants. • The Clerk’s Legal Counsel can file a claim in probate in order to collect on the judgment. • Outstanding judgments can be collected in cases where the defendant has an estate or property that is being sold.

Palm Beach County Settlement Results • 442 cases settled/established payment plan • $ 681, 771. 74

PBC Settlement Breakdown 442 Cases Settled/Established Payment Plan 25% 30% Delinquent (36) Plan Paid in Full (30) 45% Current with Plan (55)

Questions?

Distribution of Judgment State v. Giles Total TIER Original Assessment Adjusted Assessment $53, 068. 00 $15, 000. 00 Description General Revenue SB 1790 Additional Revenue Breakdown Original Assessment % Adjusted Assessment $25. 00 0. 0471% $7. 07 General Revenue PD App Fee Administration General Revenue Traffic Crime/MM/Felony Fine $0. 80 $45, 000. 0015% 84. 7969% $0. 23 $12, 719. 53 COC Trust Fund State Trust Funds Local Funds $45, 025. 80 $5, 006. 85 $2, 718. 00 $317. 35 $12, 726. 82 $1, 415. 22 $768. 26 $89. 70 1. Determine the total percentage of the fee associated to each tier. 2. Determine the amount to be assessed for each tier.

Distribution of Judgment State v. Giles Total TIER General Revenue COC Trust Fund COC Trust Fund State Trust Funds Local Funds Original Assessment Adjusted Assessment $53, 068. 00 $15, 000. 00 Description Breakdown Original Assessment % Adjusted Assessment $45, 025. 80 $12, 726. 82 $5, 000. 00 $0. 20 $1. 00 $0. 15 $3. 00 9. 4219% 0. 0004% 0. 0019% 0. 0003% 0. 0057% $1, 413. 28 $0. 06 $0. 28 $0. 04 $0. 85 $2. 50 $5, 006. 85 $2, 718. 00 $317. 35 0. 0047% $0. 71 $1, 415. 22 $768. 26 $89. 70 K 144 10% Clerk Fine SB 1790 Additional Revenue Crime Compensation $1 of $5 Teen Court Crime Stopper Crime Prevention $2. 50 (5%) of $50 for Felony 1. Determine the total percentage of the fee associated to each tier. 2. Determine the amount to be assessed for each tier.

Distribution of Judgment State v. Giles Total TIER Adjusted Assessment $53, 068. 00 $15, 000. 00 Description General Revenue COC Trust Fund State Trust Funds Additional Court Costs Clearing TF State Trust Funds Crimes Compensation TF State Trust Funds PD Application State Trust Funds 5% Crimes Compensation TF State Trust Funds Crime Stopper TF State Trust Funds Cost of Prosecution SA Revenue TF Local Funds Original Assessment Breakdown Original Assessment % Adjusted Assessment $45, 025. 80 $5, 006. 85 $12, 726. 82 $1, 415. 22 $3. 00 $49. 00 $2, 500. 00 $17. 00 $100. 00 $2, 718. 00 $317. 35 0. 0057% 0. 0923% 4. 7109% 0. 0320% 0. 1884% $0. 85 $13. 85 $706. 64 $4. 81 $28. 27 $768. 26 $89. 70 1. Determine the total percentage of the fee associated to each tier. 2. Determine the amount to be assessed for each tier.

Distribution of Judgment State v. Giles Total TIER Original Assessment Adjusted Assessment $53, 068. 00 $15, 000. 00 Description General Revenue COC Trust Fund State Trust Funds Court Costs for Local Programs Local Funds Local Government Trust $225 Felony Local Funds Crime Prevention $47. 50 (95%) of $50. 00 Local Funds $2. 85 Teen Court to PBC School District Local Funds TRNG Training Unincorporated Area Breakdown Original Assessment % Adjusted Assessment $45, 025. 80 $5, 006. 85 $2, 718. 00 $65. 00 $200. 00 0. 1225% 0. 3769% $12, 726. 82 $1, 415. 22 $768. 26 $18. 37 $56. 53 $47. 50 0. 0895% $13. 43 $2. 85 $2. 00 $317. 35 0. 0054% 0. 0038% $0. 81 $0. 57 $89. 70 1. Determine the total percentage of the fee associated to each tier. 2. Determine the amount to be assessed for each tier.

Distribution of Judgment State v. Mc. Millian Original Assessment Percentage Adjusted Assessment $260, 218. 80 General Revenue Fine Traffic Crime/MM/Felony $540, 000. 00 85. 67% $222, 930. 39 COC Trust Fund K 144 10% Clerk Fine $60, 000. 00 9. 52% $24, 770. 04 COC Trust Fund Additional Court Costs 938. 015(1)(b) $200. 00 0. 03% $82. 57 COC Trust Fund SB 1790 Additional Revenue $23. 00 0. 00% $9. 50 $60, 223. 00 $24, 862. 11 $30, 000. 00 4. 76% $12, 385. 02 $100. 00 0. 02% $41. 28 $30, 100. 00 $12, 426. 31 TIER Description State Trust Funds 5% Crimes Compensation TF State Trust Funds Cost of Prosecution SA Revenue TF Local Funds NONE $630, 323. 00 $260, 218. 80 TOTALS:

Assessment Adjustment State v. Perotta Example 2011 CF 003817 TIER Description Original Assessment General Revenue 25% PD Fees $37. 50 COC Trust Fund Fine Traffic Crime/MM/Felony $0. 90 General Revenue 75% PD Fees $112. 50 $150. 90 COC Trust Fund K 144 10% Clerk Fine $0. 10 COC Trust Fund Crime Prevent $47. 50 of $50. 00 (Felony) $47. 50 COC Trust Fund Additional Court Costs 938. 015(1)(b) $200. 00 COC Trust Fund SB 1790 Additional Revenue $25. 00 COC Trust Fund Crime Compensation $1 of $5 $1. 00 COC Trust Fund Teen Court $0. 15 COC Trust Fund Crime Stopper $3. 00 COC Trust Fund Crime Prevention $2. 50 (5%) of $50 for Felony $2. 50 $279. 25 State Trust Funds Additional Court Costs Clearing TF $3. 00 State Trust Funds Crimes Compensation TF $49. 00 State Trust Funds 5% Crimes Compensation TF $0. 05 State Trust Funds Crime Stopper TF $17. 00 State Trust Funds Cost of Prosecution SA Revenue TF $100. 00 $169. 05 Local Funds Court Costs for Local Programs $65. 00 Local Funds $2. 85 Teen Court to PBC School District $2. 85 Local Funds TRNG Training Unincorporated Area $2. 00 $69. 85 TOTALS: $669. 05 Percentage 5. 60% 0. 13% 16. 81% 0. 01% 7. 10% 29. 89% 3. 74% 0. 15% 0. 02% 0. 45% 0. 37% 0. 45% 7. 32% 0. 01% 2. 54% 14. 95% 9. 72% 0. 43% 0. 30% Adjusted Assessment $303. 62 $17. 02 $0. 41 $51. 05 $68. 48 $0. 05 $21. 56 $90. 76 $11. 35 $0. 45 $0. 07 $1. 36 $1. 13 $126. 73 $1. 36 $22. 24 $0. 02 $7. 71 $45. 38 $76. 72 $29. 50 $1. 29 $0. 91 $31. 70 $303. 62