The Defined Monetary Assistance Victims Reserve

A federal court determines whether an eligible victim is entitled to receive a one-time payment of up to $35,000, adjusted for inflation, and the Department of Justice makes the ordered payment from the DMA Victims Reserve.

Source: U.S. Department of Justice

On November 25, 2024, the U.S. Department of Justice announced a process for eligible victims of federal child sexual abuse material (CSAM) offenses to request that a federal court order a one-time payment from the Defined Monetary Assistance Victims Reserve (DMA Victims Reserve). The DMA Victims Reserve was established by the Amy, Vicky, and Andy Child Pornography Assistance Act of 2018. A federal court determines whether an eligible victim is entitled to receive a one-time payment of up to $35,000, adjusted for inflation, and the Department of Justice makes the ordered payment from the DMA Victims Reserve.

The Amy, Vicky, and Andy Child Pornography Assistance Act of 2018 (AVAA or Act) is a federal law that created the Defined Monetary Assistance Victims Reserve, also known as the DMA Victims Reserve. The Act authorizes federal courts to determine whether a person who appeared in child pornography, also known as child sexual abuse material (CSAM), is eligible to receive a one-time payment from the DMA Victims Reserve.

About the DMA Victims Reserve

The DMA Victims Reserve is part of the Federal Crime Victims Fund, which is administered by the Office for Victims of Crime (OVC). The DMA Victims Reserve is funded by assessments and penalties from federal defendants convicted of CSAM offenses, as well as gifts or donations from private individuals. Victims of these offenses may be entitled to receive a one-time payment of $35,000 from this fund. The amount of the payment is adjusted for inflation over time.

Who is eligible for a payment through the DMA Victims Reserve?

A person may be eligible for an order of payment from the DMA Victims Reserve if they meet four criteria:

The individual seeking payment is a person who was identified as a victim of CSAM in a federal criminal case or the authorized representative of that person.

AND

A defendant has been convicted (that is, found guilty) in federal court of trafficking in the CSAM in which the person appeared. Trafficking offenses may include receipt and/or distribution of images and/or videos depicting a person under the age of 18 (minor) engaged in sexually explicit conduct.

AND

The person has not received restitution payments that are greater than $35,000 (plus inflation) from such convicted defendant(s). For the purposes of the DMA Victims Reserve, restitution received means payment(s) that a victim has received from federal criminal defendants(s) for the loss(es) they suffered as a result of being depicted in the CSAM for which the defendant(s) was convicted. Note that some victims may receive multiple restitution payments from more than one conviction.

AND

The qualifying person or their authorized representative on their behalf has not previously received a payment from the DMA Victims Reserve.

Please note that the Department of Justice does not order payment from the DMA Victims Reserve. A federal court must order that payment.

How to Apply

Information about how to submit a claim will be provided following approval of the claim form by the Office of Management and Budget. See: https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202405-1103-001 for more information.

Article posted by:

Levi Gwaltney

Levi Gwaltney is the Editor In Chief of Las Cruces Digest. The Editor makes editorial and posting decisions regarding content published on this site. In most cases, the Editor makes little if any contribution to content published, and takes no credit for the content of republished posts. If available, the source or author of posts is provided at the top of the article.