The recent 9th Circuit ruling in U.S. v. Novak is the first appellate decision in the nation to hold that the Mandatory Victims Restitution Act trumps federal retirement law that bars confiscation of pensions to pay debts. For the wealthy white-collar defendant facing significant victim-restitution claims, putting once-untouchable pension money in play will change early plea negotiation strategy and will likely create more litigation regarding when, and how much, money can be garnished.
March 23, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
When it comes to compensating crime victims, the sacred cow of untouchable pension funds now may be a cash cow for federal prosecutors wanting to tap white-collar defendants for substantial restitution.
A recent 9th U.S. Circuit Court of Appeals ruling is the first appellate decision in the nation to hold that the Mandatory Victims Restitution Act (MVRA) of 1996 trumps federal retirement law that bars confiscation of pensions to pay debts.
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