U.S. v. Novak, No. 04-55838 (9th Cir.) (441 F.3d 819) (March 23, 2006) (Judge Consuelo M. Callahan)
Here a divided panel held that the garnishment of ERISA pension benefits under the Mandatory Victims Restitution Act (“MVRA”) is not barred by the anti-alienation provisions of the ERISA statutes, 29 U.S.C. § 1056(d)(1). The Court concluded the MVRA, in conjunction with 18 U.S.C. § 3613 (“Civil Remedies for Satisfaction ...
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