U.S. Code » Title 28 » Part PART V— PROCEDURE › Chapter CHAPTER 129— MONEYS PAID INTO COURT

28 U.S.C. § 2044

Payment of fine with bond money

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On motion of the United States attorney, the court shall order any money belonging to and deposited by or on behalf of the defendant with the court for the purposes of a criminal appearance bail bond (trial or appeal) to be held and paid over to the United States attorney to be applied to the payment of any assessment, fine, restitution, or penalty imposed upon the defendant. The court shall not release any money deposited for bond purposes after a plea or a verdict of the defendant’s guilt has been entered and before sentencing except upon a showing that an assessment, fine, restitution or penalty cannot be imposed for the offense the defendant committed or that the defendant would suffer an undue hardship. This section shall not apply to any third party surety.

Notes of Decisions
Cited in 18 cases (4 in the last 5 years), 1993–2026 · leading case: United States v. Thomas M. Higgins, 987 F.2d 543 (8th Cir. 1993).
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United States v. Thomas M. Higgins, 987 F.2d 543 (8th Cir. 1993). · cites it 5× “Higgins argues that the district court had no authority to order that his bail be paid to the government because 28 U.S.C. § 2044 (which directs district courts, on the government’s motion, to apply convicted defendants’ bonds to fines, restitution, and other monetary sanctions)…”
Ellis v. Hunter, 3 So. 3d 373 (Fla. 5th DCA 2009). · cites it 2× “On November 29, 1990, not long after the Cannistraro decision, Congress enacted 28 U.S.C. § 2044 , which expressly required federal courts, upon motion of the U.”
United States v. Equere, 916 F. Supp. 450 (E.D. Pa. 1996). · cites it 3× “28 U.S.C. § 2044 In its papers, the government claims that the defendant has not paid any portion of his $5000 fine, and that therefore the government is under no obligation to return Petitioner’s bail money.”
United States v. Bogart, 490 F. Supp. 2d 885 (S.D. Ohio 2007). “See 28 U.S.C. § 2044 . If Defendant did not have title to the funds, then they cannot be used to satisfy Defendant’s restitution obligations.”
United States v. Phu Tan Luong, 291 F. App'x 73 (9th Cir. 2008). · cites it 2× “” 28 U.S.C. § 2044 . Because Luong’s money had already been exonerated, § 2044 was inapplicable.”
United States v. Sparger, 79 F. Supp. 2d 714 (W.D. Tex. 1999). · cites it 6× “Pursuant to 28 U.S.C. § 2044 , the United States Attorney’s Office in the Middle District of Florida filed this Motion requesting that the cash monies used to post the defendant’s appearance bond be released from the Clerk’s Office in Midland, Texas, and be made payable to…”
United States v. Kao (9th Cir. 2026). · cites it 2× “Appellant Tiffany Lam appeals the district court’s denial of her claim to third party ownership interest in funds posted as bail to secure the pre-trial release of her husband Martin Kao.”
United States v. Adam Sortini, 497 F. App'x 738 (9th Cir. 2012). · cites it 2× “MEMORANDUM ** Appellant Adam Sortini appeals the district court’s order granting the government’s 28 U.S.C. § 2044 motion to apply a $38,000 cash bond to Sortini’s restitution obligation and denying his Federal Rule of Criminal Procedure (“FRCP”) 46(g) motion to exonerate the…”
Amended March 21, 2017 State of Iowa v. Patrick John Letscher (Iowa 2016). “to be applied to the payment of any assessment, fine, restitution, or penalty imposed upon the defendant.”
Ware v. United States (S.D.N.Y. 2023). “The Government’s Motion Regarding Outstanding Custody Debt More than a decade later, in May 2021, the Government filed a motion to apply money from Ware’s appearance bond to his outstanding debts in Ware I and Ware II, pursuant to 28 U.S.C. § 2044 and 18 U.S.C. § 3613 . See Ware…”
Ware v. United States of Am. (S.D.N.Y. 2023). “The Government’s Motion Regarding Outstanding Custody Debt More than a decade later, in May 2021, the Government filed a motion to apply money from Ware’s appearance bond to his outstanding debts in Ware I and Ware II, pursuant to 28 U.S.C. § 2044 and 18 U.S.C. § 3613 . See Ware…”
Ware v. United States of Am. (S.D.N.Y. 2023). “The Government’s Motion Regarding Outstanding Custody Debt More than a decade later, in May 2021, the Government filed a motion to apply money from Ware’s appearance bond to his outstanding debts in Ware I and Ware II, pursuant to 28 U.S.C. § 2044 and 18 U.S.C. § 3613 . See Ware…”
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