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Ninth Circuit: Vested Retirement Benefits May Be Garnished to Pay Criminal Fines

Loaded on July 15, 2008 published in Prison Legal News July, 2008, page 44
Filed under: Crime/Demographics, Criminal Prosecution, Victims, Seizure of Prisoner Funds, Restitution, ERISA. Location: California.
The Ninth Circuit U.S. Court of Appeals, sitting en banc, held that the federal Mandatory Victims Restitution Act of 1996 (MVRA) trumps the anti-alienation provisions of the Employee Retirement Income Security Act of 1974 (ERISA), so as to permit the government to garnish the personal portion of a prisoner’s retirement …

 

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