Guidelines for Probation Officers Supervising Economic Crime Offenders (EC) The Division of Probation Services FY 2009 1 These Guidelines were compiled with the expertise and assistance of the Probation Economic Crime Task Force. The members of this committee are: Gail Prim – Committee Chair – Probation Officer Hubert Barton – Probation Officer Carol Rigato – Collections Management Diane Schulz- Probation Officer Carmen Spond – Financial Services, Cheryl Boor – Probation Officer Michelle Doll – Probation Officer Susan Gallegos – Probation Officer Chris Gastelle – Probation Supervisor Patricia Goecke – Probation Officer Elizabeth Greer- Probation Officer Stephanie Harbison – Probation Officer Jeannette Hensel – Probation Officer SCAO Jamie Stapleton – Probation Officer, Renee Stewart – Probation Officer Karen Trujillo – Probation Officer Sheri Wiles – Probation Officer Jean Woodford– Colorado Attorney General‟s Office Debbie Zink – Probation Officer Tracy Hernon – Probation Officer Jim Hilgers – Probation Officer Terri Lee – Collections Investigator Paul Litschewski – Collections Program Administrator Shelli Mayberry – Collections Investigator Ali Moaddeli – Probation Supervisor Terri Morrison – Assistant Legal Counsel – Robert Murphy – Probation Officer Jeffrey Otto – Probation Supervisor Kimberly Parsons- Probation Officer Eric Peratt – Probation Supervisor Scott Prendergast – Probation Supervisor Jeanne Rael – Collections Investigator SCAO 2 Guidelines for Probation Officers Supervising Economic Crime Offenders The Economic Crime Task Force was created to promote consistent and effective supervision of economic crime offenders. Economic crime can encompass many types of offenses. To properly identify this population for the purpose of specialized services the following definition was agreed upon. Definition: “An offender whose criminal activity is motivated by greed for the purpose of financial gain. In the commission of the crime, while in a position of trust, the offender will have used deviance, deceitfulness, deception, manipulation and/or grooming techniques.” Statement of Purpose: The Colorado State Judicial Branch, Division of Probation Services, working with the Probation Economic Crime Task Force supports comprehensive identification, evaluation, supervision and financial monitoring of economic crime offenders under the supervision of probation departments throughout the state. It is believed that guidelines are essential to accurately identify persons who should receive a more intensive level of supervision than that afforded to regular probation cases, to reduce recidivism, recover restitution and to minimize further victimization from financial predatory behavior. We realize that probation departments can only adopt these guidelines to the extent that they have resources available to do so. Even so, it is believed that the materials that are being provided in this document give probation officers the best tools to ensure adequate supervision for high risk economic crime offenders. The following Supervision Guidelines, Conditions of Probation specific to the Economic Crime Offender, and the Financial Disclosure Form will assist supervising probation officers to improve offender accountability and promote victim and community reparation. As stated before, it is acknowledged that not all departments have the resources to meet all of the recommended guidelines. However, incorporating some of these practices will increase the effectiveness of supervision compared to none at all. Selection Criteria: It is important to differentiate the true economic crime offender from the common criminal. The following criteria should be used to draw that distinction. 1. Economic Crime (EC) cases are those identified by the prosecution where the incentive for committing the crime was greed. Non-violent crimes, concentrating on such crimes as theft, fraud, forgery, and securities crimes. 2. EC offenders exhibit predatory behavior and will often seek out relationships with vulnerable individuals that they can easily build trust with. 3 3. These cases carry extremely high amounts of restitution; usually with several victims. EC cases may include the offense of Occupational Fraud. This offense involves the use of one‟s occupation for personal enrichment through the deliberate misuse or misapplication of the employing an organization‟s resources or assets. Examples include Asset Misappropriates, Corruption or Fraudulent Statement. (Association of Certified Fraud Examiners, “2004 Report to the Nation of Occupational Fraud & Abuse) 4. EC crimes may involve individual victim(s), business or affinity groups as opposed to “governmental” crimes such as unemployment or welfare fraud. This does not rule out the assignment of cases involving one of these entities however, concentration will be on cases involving individual victims where the financial loss is more damaging. 5. Offender Assessment: At this time, there is no assessment tool available to adequately assess the true economic crime offender. An economic crime offender may score in the medium or even the low level on the LSI. When an offender scores high on the LSI, it is usually because they have treatment issues that must be addressed prior to the concentration of the payment of restitution. If they score low on the LSI, the level of supervision is over ridden to a higher level depending on the number of risk factors that are identified that are specific to economic crime offenders (listed in the next section). If the offender scores out maximum, all treatment issues relating to drugs/alcohol and mental health should have been addressed and a period of stability experienced prior to placement with an ECU officer. If accepted for EC supervision, we then override the low score using the following risk factors and characteristics. Risk Factors and Common Characteristics of Economic Crime Offenders In addition to the characteristics listed above, the following risk factors and characteristics can be used to differentiate the EC offender from other types of criminals. (Obviously, the more characteristics that are identified the higher risk offender you will be working with.) Prior criminal history of theft, fraud, bad checks, forgery Civil cases with unmet judgments Prior bankruptcy or considering bankruptcy. Defendant is unemployed Defendant takes little or no responsibility for offense – one or more of the following rationalizations verbalized or assessed by PO: Looking for immediate gratification, a sense of entitlement, lying about need or finances, reports feeling unrecognized, under appreciated or taken advantage of. Defendant has liquidated assets prior to sentencing Dumping assets quickly (under selling) Late on restitution payments Payments not being made according to payment plan Not complying with budget – bounced checks, bank fees assessed for NSF, cash advances on credit cards or payday loans. Living beyond their means. 4 Grooming techniques used on victims, multiple victims and/or at-risk victims Pattern of disregard for rules/authority Lengthy history of traffic violations Victim stance or lack of empathy for victim Noncompliance with tax laws. Missed appointments Floating checks Cash advances from credit cards Cash advances from paychecks Pay day loans Cashing out 401k, CD or other investment accounts Dipping into savings Looking for immediate gratification Entitlement (I need, I deserve, I want) Minimized offense Feeling Unrecognized Feeling under appreciated Feeling taken advantage of Borrowing money Shoplifting Selling food stamps The following supervision model is driven by an offender‟s progress on supervision rather than by a specific time frame. Phase One – Accountability Phase Two- Containment Minimum of 90 days Minimum of Nine months Phase Three Maintenance Minimum of Six Months Meet with Collections Investigator for payment plan and financial review. Minimum face-to-face contact with the offender every 60 days. A minimum of one face-to-face contact with offender every 30 days Home/work visits per case plan One home visit within the first 60 days of supervision, thereafter by case plan Budget/payment review every 30 days Review of finances/budget every 30 days. Employment contact/verification within the first 30 days. 5 Minimum face-to-face contact with the offender every 90 days. Home/work visits per case plan Prior to progressing to the next phase the defendant must be in compliance with the terms and conditions of their probation. 1. 2. 3. 4. 5. 6. Compliance must be shown as it relates to the case plan. Must be holding stable full time employment Must have stable living conditions Must be making regular, significant monthly restitution payments per payment plan There should be no unexcused reporting dates Must be in compliance with conditions of treatment Phase One Focus - To establish the elements of containment through offender accountability and financial disclosure. Full financial investigation to include the review of all requested financial documentation, which may include bank statements, tax returns, assets and liabilities. A formal case assessment must be completed with the standardized assessment tool. Override, if necessary – see attached risk factors. Employer letter acknowledging defendant‟s conviction and probation conditions and outlining defendant‟s job responsibilities in current position. PO will verify letter and make follow up phone call to defendant‟s direct supervisor or conduct a work site visit. Defendant will complete a case plan worksheet and/or other tool to measure victim empathy. All referrals made – theft class, victim empathy class, money management class, Consumer Credit Counseling. MH evaluation, community service, polygraph examination, debtor‟s anonymous Phase Two Focus – Maintenance of a containment network through monitored budgeting practices and compliance with payments of restitution. Defendant to provide budget with receipts and/or checking account statement monthly. Goal for defendant to have a checking account and budget that meets all financial requirements with no overdrafts. Defendant to provide monthly verification of earnings to probation. Defendant to complete all treatment requirements and be in compliance with payment plan and budget. Defendant to provide a credit report to probation annually. PO to monitor for high risk behavior (see attached) and impose sanction. Collections Investigator review at minimum annually – DOL report, credit report. 6 Current with payment plan or garnishment in place. Three months without payment – sanction imposed. Changes in employment or position require a new employer notification letter. Phase Three Focus – To monitor compliance/consistency with budget, case plan and payment plan. Appointments with probation every 6 weeks to 2 months Consider for transfer to Collections Investigator caseload for routine checks of investment/income/earnings Monthly verification of employment SWI check every 6 months for new cases both criminal and civil. Mail-in per case plan and/or district policy Intermediate Sanctions Daily reporting Daily job search Area Restrictions (golf courses, gambling, malls, restaurants, etc) Computer searches Voluntary payroll deductions Attachment of Earnings –up to 50% of earnings withheld Writs of attachment (garnish bank accounts) Lien person property Impose late fees Not within their budget –pay difference to restitution the following month Evaluations (mental health) Referrals (debtors anonymous, gamblers anonymous, budgeting classes) Financial review Community service A note about incentives or rewards: Incentives or rewards can include a lessening of the supervision requirements, possibly even doing a TSUP option to another PO for regular supervision reporting. Intermediate Sanctions, bulleted above, elevate the supervision requirements in some way. This population of offenders is not as easy to reward as drug and other types of offenders might be. They are usually not in treatment or providing UA’s. If they are being required to submit to polygraphs as a way to monitor behavior, you may be able to lessen the frequency of polygraphs. It is important to remember that some people respond well to incentives and others see this as a chance to return to former behavior. Each case needs to be assessed on an individual basis. If the economic crime offender starts doing something wrong it is often going to be running another scam of some sort. 7 Common referrals may include the following Debtor‟s Anonymous (DA) http://www.debtorsanonymous.org/ Gambler‟s Anonymous (GA) http://www.gamblersanonymous.org/ Victim Empathy Classes Cognitive Therapy Individual Therapy Budgeting/Debt Elimination Counseling 8 County Court District Court County, State of Colorado Court Address: THE PEOPLE OF THE STATE OF COLORADO V. Defendant. Attorney or Party Without Attorney: (Name & Address) Phone Number: FAX Number: E-mail: Atty. Reg. #: COURT USE ONLY ________________________________ Case Number: Judge: Division.: Courtroom: Additional Terms and Conditions of Probation - Economic Crime _______________________________________________________________________________________ The defendant will be supervised by the probation officer for a period of ________ months, and will comply with the following conditions: Termination: __________ In addition to all of the standard terms and conditions of probation, and unless otherwise authorized by the probation department or the court, the following Economic Crime Terms and Conditions will apply for the duration of your sentence. 1) You shall not acquire any new debt or financial obligation and you will disclose any current debts or financial obligations. 2) You shall not invest or lend any money or extend any credit and you will disclose any current investment, lending arrangement and / or extension of credit. 3) You shall not enter into any financial contracts and / or arrangements and you will disclose any current financial contracts and / or arrangements. 4) You shall not enter into any contracts and / or policies of insurance or annuity and you will disclose any current contracts or policies of insurance or annuity. 5) You shall not open any checking and / or savings accounts and you will disclose any current checking and / or savings accounts. 6) You shall not open, control, or assume ownership in or any interest in any bank or brokerage account, financial instrument or financial product and you will disclose any current account, instrument or financial product. 7) You shall not purchase or lease a vehicle and you will disclose ownership information for any vehicle owned or leased by you or provided for your exclusive or occasional use by another person, business or other legal entity. 9 8) You shall not enter into, participate in, or benefit from any real estate transaction and you will disclose any current real estate owned, controlled, managed, leased, rented, or any option to purchase, lease or rent. 9) You shall not have access to or control of any assets, funds, or financial information of any individual, group, business or other legal entity and you will disclose any current access or control of assets, funds or financial information. 10) You shall not manage or participate in managing any person, group, trust, legal entity, business, or act as a fiduciary* for any such persons, groups, trust, or other legal entity and you will disclose any current management or fiduciary relationships. 11) You shall not be employed by, employ, or have any contact with any co-defendant in the present offense. 12) You shall not create a new business or acquire a new or existing business, work as a subcontractor, act as a registered agent, or otherwise be self employed and you will disclose any current control of or ownership interest in any business, any subcontractor , registered agent, or self employment situation. 13) You shall disclose the nature and duties of your employment. You will inform your employer in writing of the nature and details of your offense and your status on probation. 14) You shall furnish budgets and financial documentation of any and all sources of personal and business assets, income and expenses. 15) You shall furnish documentation of assets, income and expenses for all persons living in your household. 16) You shall furnish Federal and State income tax returns and any tax court judgments with all attachments and schedules for the past 3 years and thereafter on a yearly basis or as requested. You will authorize any inquiry to verify the accuracy of the returns, attachments and schedules filed. Note that any arrangement made for payment of taxes or any other debt does not relieve you of court ordered financial obligations. 17) You shall furnish credit bureau reports from recognized credit reporting agencies as requested. 18) You shall disclose any personal and / or business, pending or finalized bankruptcy action, including any filing, dismissal, pleadings, schedules, attachments, or discharge of bankruptcy. 19) You shall notify your probation officer of all pending civil actions immediately. You shall provide documentation for all pending and final civil cases including all pleadings, motions, civil judgments, liens and garnishments as requested. 20) You shall allow your probation officer, supervision team or other trained person, to conduct searches of computers, computer records, hard drives, storage devices and other electronic and / or digital media owned by, provided for the use of, or otherwise utilized by you and you will furnish any other documents and / or proofs relevant to the adequate analysis of your financial position. The person conducting the search may include a non-judicial employee and you may be required to pay for such a search. 10 21) You shall not be allowed to subscribe to any internet service provider, by modem, LAN, DSL or any other internet access (to include, but not limited to access through satellite dishes, PDAs, electronic games, web televisions, internet appliances and cellular/digital telephones) and shall not be allowed to use another person’s internet access or access the internet through any venue until approved by the supervision team. When access has been approved, you agree to sign, and comply with, the conditions of the “Electronic Use Agreement” 22) You may be required to obtain, cooperate in or submit to an independent financial audit by a qualified professional approved by probation and it may be at your expense. 23) You may be required to cooperate with and pay for a third party approved by probation to document your income, obligations and financial affairs. 24) You may be required to cooperate, participate in, successfully complete, and pay for any economic crime and / or theft counseling, education, treatment, or victim empathy class or group. 25) You may be required to cooperate in and pay for issue specific and / or maintenance polygraph examinations. 26) You shall be truthful and complete in all statements, disclosures and documents provided to probation. All disclosures shall be in written form and approved by the probation officer. Violations of the Additional Terms and Conditions of Economic Crime may result in sanctions imposed by the probation department, a review of your non compliance in a probation or court proceeding, a Hearing for Revocation for Violation of Probation with the imposition of sanctions and / or incarceration, if the court finds a violation has occurred. I have received an identical copy of these terms and conditions and I have read them carefully with full understanding. I understand I must respond truthfully and completely to all inquiries and requests in order to be in full compliance with these terms and conditions. I understand the consequences of any violation of these terms and conditions. By signing below I affirm and acknowledge my acceptance of these terms and conditions as an integral component of my sentence for the economic crime(s) committed. ________________________________ Defendant Date ____________________________________ Probation Officer Date By The Court: ____________________ Judge / Magistrate _____________ Date *fiduciary A person, such as an investment manager, the executor or personal representative of an estate, a mortgage broker, a financial planner or an employee of an organization, such as a bank, entrusted with the property of another party and in whose best interests the fiduciary is expected to act when holding, investing, or otherwise using that party's property. The key to determining whether an individual or an entity is a fiduciary is whether they are exercising discretion or control over the finances, information or assets of another person or group. 11 Electronic Use Agreement for Economic Crime Offenders Client: ______________ Supervising Officer/Designee: _______________________ By signing below, the above named client indicates (s)he understands (s)he has the right to refuse consent to the items contained herein and that the client voluntarily agrees to be compliant with the following conditions: A. Client shall provide a complete and accurate inventory of all computers, computer-related equipment, software packages and communications devices and services on an inventory form provided by the Probation Department. The client agrees to ensure that all information on the inventory is complete, accurate and current at all times and that (s)he will not use or access any electronic storage or communication device or service not reported on the inventory form and specifically approved for use by the Probation Department. B. Client shall be prohibited from possessing, viewing or using materials related to, or part of, the elements of his/her crime. Such materials include, but are not limited to, the following: Images of financial documents, transaction blanks, or transaction instruments or devices. Materials focused on the methods, creation, or use of devices or instruments of financial transactions. _____ Materials focused on the methods, creation, or use of applications or devices used in computer intrusion, „hacking‟, malware, computer fraud, credit card fraud, or identify theft at any level. C. Client shall be prohibited from using any form of encryption, cryptography, steganography, compression, password protected files and/or other method that might limit access to, or change the appearance of, data, applications and/or images without prior written approval from the Supervising Officer/Designee. If, for work purposes, password protection is required on any system or files used by Client, the password shall be provided to the Supervising Officer/Designee upon request. D. Client shall be prohibited from attempting or successfully altering or destroying records of computer use. This includes, but is not limited to, deleting or removing browser history data regardless of its age, emptying the Recycle bin, the possession of software or items designed to boot into or to utilize RAM, kernels, alter or wipe computer media, defeat forensic software, or block monitoring software. This also includes a prohibition against restoring a computer to a previous state or the reinstallation of operating systems. E. Client shall allow the installation of monitoring software and periodic examination of their computer at their own expense to monitor compliance with the conditions of probation. The client has no expectations of privacy regarding computer use or information stored on the computer if monitoring software is installed and understands and agrees that information gathered by said monitoring software may be used against him/her in any subsequent administrative or legal proceeding. F. Client specifically agrees to be responsible for all data, images and material on the computer and voluntarily consents to announced or unannounced searches by the Supervising Officer/Designee to verify compliance with these special conditions of supervision. The Client understands and agrees that his/her computer, related equipment, communication, and storage devices are subject to seizure by Supervising Officer/Designee if, during a search, any evidence of a violation or any evidence of a new crime is detected. Client‟s Signature _ Date ________________________________________ Supervising Officer‟s Signature Date 12 FINANCIAL DISCLOSURE FORM *(Total Household) 1. Fill out form COMPLETELY 2. Attach documentation 3. Define answers marked N/A Section 1. Personal Information 1. Full Name 2. Home Phone ________b. Cell Phone __________ Mailing Address Email ___________________________________ Street Address Education________________________________ City State Zip _______ Degree __________________________________ County of Residence_________________________ Training _________________________________ How long at this address? ____________________ Certification ______________________________ 3. Marital Status: Married Separated Unmarried (Single, divorced, widowed) 4. Your Social Security No. 5. Your Date of Birth _________________________ 6. Passport No. Country ________7. Alien/Visa Registration No. 9. List others in the household and their relationship to you (i.e. child, parent, roommate, and spouse): 9. Own Home Rent Other (specify, i.e. share rent, live with relative) 10. Have you ever declared Bankruptcy? Yes/No When? ________ Where? ______________________ Dismissed? Yes/No Discharged? Yes/No Repayment Plan Details? ________________ Competed? Yes/No Section 2. Employment Information 11. Your Employer 12. Street Address________________________________ City_____________________ State_____ Zip ______ Length of employment _________________________ Occupation __________________________________ Hours per week _____ Paid: Pay is based on a weekly Monthly Salary bi-weekly Spouse’s/Partner’s Employer ___________________ Street Address ______________________________ City ____________State ______ Zip_____________ Occupation _________________________________ Salary/Rate of Pay ___________________________ twice a month Hourly Rate of $ _______ monthly other: 13. Unemployed due to Disability Involuntary layoff at work other: How long unemployed? 14. Previous Employer Occupation Dates Employed If you are self-employed, are you current with your tax filings? Yes/No If not, please explain. ___________ _______________________________________________________________________________________ -prepared *Please list additional current employers below: 13 ATTACHMENTS REQUIRED: Please provide proof of gross earnings and deductions for the past 6 months, or as otherwise directed, from each employer. If self-employed, please include proof of self-employment income for the prior 6 months (e.g. invoices, commissions, sales records, income statement, bank statements, accounts/notes receivables, lines of credit and credit cards). Section 3. Monthly Household Income Information (Per CRS 16-18.5-104) Gross Monthly Income from salary & $ Social Security Benefits wages, including commissions, bonuses, overtime, self-employment, business income, other jobs & monthly reimbursement expenses. $ SSDI SSI Unemployment & Veterans’ Benefits $ Pension & Retirement Benefits Public Assistance (TANF) $ $ Miscellaneous Income Royalties, Trusts & Other Investments Dependent Children’s Monthly Gross Income. Source of Income:______________ Rental Income Child Support from Others Spousal Support from Others Disability, Workers’ Compensation Interest & Dividends OtherTotal Gross Monthly Income $ $ Contributions from Others All other sources, i.e. personal injury settlement, non-reported income, etc. $ Expense Accounts $ Other $ Other Total Monthly Miscellaneous Income Total Income I. $ $ $ $ $ $ $ $ $ $ $ ATTACHMENTS REQUIRED: Please provide proof of all sources of household income received for the past 6 months (i.e. pay stubs, earnings statements), or as otherwise directed, including pension/social security/other income from each payer, including any statements showing deductions. Section 4. Monthly Deductions Mandatory Deductions Federal Income Tax PERA/Civil Service Medicare Tax Cost Per Month $ $ $ Cost Per Month State/Local Income Tax Social Security Tax Other Total Mandatory Deductions Voluntary Deductions Life and Disability Insurance Health, Dental, Vision Insurance Premium $ $ $ $ Cost Per Month Cost Per Month $ $ Stocks/Bonds Retirement/Deferred Compensation $ $ $ $ Garnishments Other Total Voluntary Deductions Total Monthly Deductions $ $ $ $ Total number of people covered on Plan Child Care Flex Benefit Cafeteria Plan II. 14 ATTACHMENTS REQUIRED: Please provide proof of ALL monthly expenses listed below (i.e. mortgage/lease documentation, insurance policies, utility bills, hospital bills, auto loan). Section 5. Monthly Household Expenses A. Housing Cost Per Month 1st Mortgage Insurance (Home/Rental) & Property Taxes (not included in Cost Per Month $ $ 2nd Mortgage Condo/Homeowner’s/Maintenance Fees $ $ $ Other - ________________ $ $ mortgage payment) Rent Total Housing B. Utilities and Miscellaneous Housing Services Cost Per Month Gas & Electricity $ Telephone (local, long distance, $ cellular & pager) Cost Per Month Water, Sewer, Trash Removal Property Care (Lawn, snow removal, $ $ cleaning, security system, etc.) Internet Provider, Cable & Satellite $ Other TV Total Utilities and Miscellaneous Housing Services $ $ C. Food & Supplies Cost Per Month Groceries & Supplies $ Cost Per Month Dining Out Total Food & Supplies D. Health Care Costs (Co-pays, Premiums, etc.) Cost Per Month Doctor & Vision Care $ Medicine & RX Drugs $ Premiums (if not paid by employer) $ $ $ Cost Per Month Dentist and Orthodontist Therapist Other Total Health Care $ $ $ $ E. Transportation & Recreation Vehicles (Motorcycles, Motor Homes, Boats, ATV, Snowmobiles, etc.) Cost Per Cost Per Month Month Primary Vehicle Payment $ Other Vehicle Payments $ Insurance & Registration/Tax Payments Fuel, Parking, & Maintenance $ $ (yearly amount(s)/12) Bus & Commuter Fees Other Total Transportation 15 $ F. Children’s Expenses and Activities Cost Per Month Clothing & Shoes Extraordinary Expenses i.e. Special Needs, etc. Tuition $ $ $ Cost Per Month Child Care Misc. Expenses, i.e. Tutor, Books, Activities, Fees, Lunch, etc. Other Total Children’s Expenses and Activities G. Personal Education -Please identify status:Full-time studentPart-time studentnot currently enrolled Cost Per Month $ Other Tuition, Books, Supplies, Fees, etc. Total Education H. Maintenance & Child Support (that you pay) Cost Per Month Spousal Maintenance $ Child Support Recipient: __________ Recipient: __________ Arrears: _____________ $ $ $ Recipient: __________ Recipient: __________ Arrears: _____________ Total Maintenance and Child Support $ Cost Per Month $ Cost Per Month $ $ $ $ $ I. Miscellaneous (Please list on-going expenses not covered in the sections above) Cost Per Month Recreation/Entertainment $ Personal Care (Hair, Nail, Clothing, etc.) Legal/Accounting Fees $ Subscriptions(Newspapers,Magazines, etc.) Charity/Worship $ Movie & Video Rentals Vacation/Travel/Hobbies $ Investments (Not part of payroll deductions) Membership/Clubs $ Home Furnishings Pets/Pet Care $ Sports Events/Participation $ Bankruptcy Repayment Plan Court Costs in another jurisdiction Other $ Other Other $ Other Other $ Other Total Miscellaneous III. Total Monthly Expenses (Totals from A – I) 16 $ Cost Per Month $ $ $ $ $ $ $ $ $ $ $ $ ATTACHMENTS REQUIRED: Please provide statements for all items listed below. Section 6. Unsecured Debt List unsecured debts such as credit cards, store charge accounts, loans from family members, back taxes owed to the I.R.S., Unsatisfied Civil Judgments, Student Loans, etc. Include co-maker or signature of all accounts. Do not list debts that are liens against your property, such as mortgages and car loans. Minimum Name of Creditor Account Date of Balance Principal Purchase(s) for Which Debt Monthly Payment Number Balance Was Incurred Required / Actual Paid IV. Unsecured Debt Balance $ $ / $ $ / $ $ / $ $ / $ $ / $ $ / →Total Minimum Monthly Payment *PLEASE ATTACH ADDITIONAL SHEETS IF MORE ROOM IS NEEDED. Section 7. Financial Statement Summary Total Gross Income (Enter line from Section 3.I.) $ _____________ Total Monthly Deductions (Enter line from Section 4.II.) $ _____________ Adjusted Monthly Net Income (3.I. minus 4.II.) $ _____________ Total Monthly Expenses (Enter line from Section 5.III.) $ _____________ Total Minimum Monthly Payment Required - Debts Unsecured (Enter line from Section 6.IV.) $ _____________ Adjusted Monthly Expenses and Payments (5.III. plus 6.IV.) Monthly Net Income less Monthly Expenses and Payments 17 $ _____________ $ ______________ ATTACHMENTS REQUIRED: Please provide documentation of all above assets including mortgage agreements, bank statements (including money market and brokerage accounts), quarterly statements from investments, statements from life insurance policies, statements from lenders, etc. to support the above items. Section 8. Assets **You MUST disclose all assets correctly. By indicating “None”, you are stating affirmatively that you do not have assets in that category. Please attach additional copies of this section to identify your assets, if necessary. A. Real Estate (Address or Property Amount Owed Description and Name of Creditor/ Lender) None Total $ $ $ $ $ $ $ $ Amount Owed (Year, Make, Model) (Name of Creditor/Lender) None C. Cash on Hand, Bank, Checking, Savings, or Health Accounts (Name of Bank Net Value/Equity $ B. Motor Vehicles & Recreation Vehicles Including Motorcycles, ATV’s, Boats, etc. Total Estimated Value as of Today. Value = what you could sell it for in its current condition. Estimated Value as of Today. Value = what you could sell it for in its current condition. Net Value/Equity $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Type of Account Account # Balance as of Today or Financial Institution) None $ $ $ $ Total D. Life Insurance Type of Policy $ Face Amount of Policy Cash Value today (Name of Company/Beneficiary) None $ $ $ $ $ $ Total 18 $ E. Furniture, Household Goods, and Other Estimated Value as of Today. Value = what you could sell it for in its current condition. Personal Property, i.e. Jewelry, Antiques, Collectibles, Artwork, Power Tools, etc. Identify Items and report in total. None $ Total F. Stocks, Bonds, Mutual Funds, Securities & Investment Accounts None G. Pension, Profit Sharing, or Retirement Funds None $ Total $ Total $ H. Miscellaneous Assets: If you own any of the assets identified below, please check the appropriate box. None Business Interests Stock Options Money/Loans owed to you IRS Refunds due to you Country Club & Livestock, Crops, Farm Pending lawsuit or claim by Accrued Paid Leave (sick, Other Memberships Equipment you vacation, personal) Oil and Gas Rights Vacation Club Points Safety Deposit Box/Vault Trust Beneficiary Frequent Flyer Miles Education Accounts Health Savings Accounts Mineral and Water Rights Annuities Trusts Other Other Total $ Total Value/Balance of All Assets (A – H) $ Acknowledgement and Agreement The undersigned specifically acknowledges and agrees that: 1. All statements made in this application are made for the purpose of requesting time to pay my assessed amounts, which are due immediately unless otherwise arranged. 2. The Court Collections Investigator may make verification or re-verification of any information related to this worksheet at any time, either directly or through a credit-reporting agency, from any source named in this application or other sources as deemed necessary. 3. In the event my payments become delinquent, the Court, its agents or assigns, may, in addition to all their other rights and remedies, report my name and account information to a credit reporting agency. 4. I understand I may be subject to wage garnishment, arrest and incarceration, additional fees or costs or further action if I fail to pay the assessed amount as agreed. 5. I certify and swear under penalty of perjury that the information provided in this worksheet is true and correct as of the date set forth opposite my signature on this worksheet and acknowledge my understanding that any intentional or negligent misrepresentation(s) of the information contained in this worksheet may result in further action being taken against me by the court. __________________________________________ Applicant’s Signature __________________________ Date 19