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U.S. v. Miller, No. 06-45 (W.D.Mich.) (588 F.Supp.2d 789) (November 6, 2008) (Judge David M. Lawson)

Article • January 1, 2009 • from P&J January, 2009

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Miller, No. 06-45 (W.D.Mich.) (588 F.Supp.2d 789) (November 6, 2008) (Judge David M. Lawson) by This decision contains an excellent survey of the current state of the law on the ability of the Government to garnish pension plan distributions of a defendant in order to enforce his or …

U.S. v. Novak, No. 04-55838 (9th Cir.) (476 F.3d 1041) (February 22, 2007) (Judge Marsha L. Berzon)

Article • January 1, 2007 • from P&J January, 2007

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Novak, No. 04-55838 (9th Cir.) (476 F.3d 1041) (February 22, 2007) (Judge Marsha L. Berzon) by In 2006, a panel of the Ninth Circuit faced a question of first impression among the circuits: does the Mandatory Victims Restitution Act of 1996 (MVRA) allow the government to seize a …

U.S. v. Novak, No. 04-55838 (9th Cir.) (441 F.3d 819) (March 23, 2006) (Judge Consuelo M. Callahan)

Article • March 1, 2006 • from P&J March, 2006

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Novak, No. 04-55838 (9th Cir.) (441 F.3d 819) (March 23, 2006) (Judge Consuelo M. Callahan) by 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. …

Fowlkes v. Adamec, No. 03-6095 (2nd Cir.) (432 F.3d 90) (December 6, 2005) (Judge Chester J. Straub)

Article • November 1, 2005 • from P&J November, 2005

Filed under: Punch And Jurists, Anti-Alienation Statutes

Fowlkes v. Adamec, No. 03-6095 (2nd Cir.) (432 F.3d 90) (December 6, 2005) (Judge Chester J. Straub) by Here the Court held that social security benefits may be suspended only as of the date of a warrant or order issued by a court or other authorized tribunal on the basis …

U.S. v. Mays, No. 04-50378 (9th Cir.) (430 F.3d 963) (October 19, 2005) (Judge Alex Kozinski)

Article • September 1, 2005 • from P&J September, 2005

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Mays, No. 04-50378 (9th Cir.) (430 F.3d 963) (October 19, 2005) (Judge Alex Kozinski) by After a detailed review of the interplay between several statutes relating to the payment of restitution (including the complex provisions of the Federal Debt Collection Procedures Act of 1990 ( 28 U.S.C. §§ …

U.S. v. Laws, No. CRIM.A. 2:03CRS (E.D.Va.) (352 F.Supp.2d 707) (December 16, 2004) (Judge Raymond A. Jackson)

Article • March 1, 2005 • from P&J March, 2005

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Laws, No. CRIM.A. 2:03CRS (E.D.Va.) (352 F.Supp.2d 707) (December 16, 2004) (Judge Raymond A. Jackson) by U.S. v. Laws, 352 F.Supp.2d 707 (E.D.Va. 2004) (Judge Jackson) U.S. v. Scarboro, 352 F.Supp.2d 714 (E.D.Va. 2005) (Judge Jackson) Recently, we noted a study by the Government Accounting Office (GAO) entitled …

U.S. v. James, No. CR. 03-306-A (E.D.Va.) (312 F.Supp.2d 802) (April 5, 2004) (Judge Thomas Selby III Ellis)

Article • June 1, 2004 • from P&J June, 2004

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. James, No. CR. 03-306-A (E.D.Va.) (312 F.Supp.2d 802) (April 5, 2004) (Judge Thomas Selby III Ellis) by The United States filed a writ for continuing garnishment of defendant's retirement accounts for the purpose of collecting amounts ordered in restitution. Defendant was convicted of theft from a program receiving …

U.S. v. Tyson, No. 02-X-73808-DT (E.D.Mich.) (265 F.Supp.2d 788) (April 9, 2003) (Judge Patrick J. Duggan)

Article • August 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Tyson, No. 02-X-73808-DT (E.D.Mich.) (265 F.Supp.2d 788) (April 9, 2003) (Judge Patrick J. Duggan) by

U.S. v. Tyson, No. 02-X-73808 (E.D.Mich.) (242 F.Supp.2d 469) (January 14, 2003) (Judge Magistrate)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Tyson, No. 02-X-73808 (E.D.Mich.) (242 F.Supp.2d 469) (January 14, 2003) (Judge Magistrate) by There are a number of Federal statutes which are specifically designed to protect pension and retirement benefits from invasion (through remedies such as garnishments and attachments) - even where the pensioner himself has committed some …

Guidry v. Sheet Metal Pension Fund, No. 88-1105 (U.S. Supreme Court) (493 U.S. 365; 110 S.Ct. 680) (January 17, 1990) (Justice Blackmun)

Article • July 7, 2002

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

Guidry v. Sheet Metal Pension Fund, No. 88-1105 (U.S. Supreme Court) (493 U.S. 365; 110 S.Ct. 680) (January 17, 1990) (Justice Blackmun) by The petitioner in this case pled guilty to embezzling funds from his union; and the union then obtained a judgment against him for $275,000. The District Court …

U.S. v. Rice, No. 01-CR-006-001-C (N.D.Okla.) (196 F.Supp.2d 1196) (March 7, 2002) (Judge Magistrate)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Rice, No. 01-CR-006-001-C (N.D.Okla.) (196 F.Supp.2d 1196) (March 7, 2002) (Judge Magistrate) by Here, disagreeing with at least one Circuit Court decision which held to the contrary, Magistrate Judge Joyner held that the Government was authorized to utilize the provisions of the Federal Debt Collection Procedure Act (28 …

Nelson v. Heiss, No. 00-55523 (9th Cir.) (271 F.3d 891) (November 21, 2001) (Judge Ferdinand F. Fernandez)

Article • December 1, 2001 • from P&J December, 2001

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

Nelson v. Heiss, No. 00-55523 (9th Cir.) (271 F.3d 891) (November 21, 2001) (Judge Ferdinand F. Fernandez) by Tarza Nelson brought this 42 U.S.C. § 1983 action against officials of the California Department of Corrections, after holds were placed upon his inmate trust account. His principal contention was that 38 …

U.S. v. Bollin, No. 00-4337 (4th Cir.) (264 F.3d 391) (June 7, 2001) (Judge Cynthia Holcomb Hall)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Bollin, No. 00-4337 (4th Cir.) (264 F.3d 391) (June 7, 2001) (Judge Cynthia Holcomb Hall) by One of the issues addressed in this case was a restitution collection issue - and the Court held that Federal law supersedes the garnishment protection that state law provides for funds in …

U.S. v. Jackson, No. 99-50302 (9th Cir.) (229 F.3d 1223) (October 12, 2000) (Judge William A. Fletcher)

Article • November 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Jackson, No. 99-50302 (9th Cir.) (229 F.3d 1223) (October 12, 2000) (Judge William A. Fletcher) by Here the 9th Circuit held that a district court may not order a defendant to cash out his undistributed ERISA pension plan funds in order to make immediate payment of restitution obligations, …

Wright v. Riveland, No. 97-36074 (9th Cir.) (219 F.3d 905) (July 11, 2000) (Judge Barry Ted Moskowitz)

Article • June 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

Wright v. Riveland, No. 97-36074 (9th Cir.) (219 F.3d 905) (July 11, 2000) (Judge Barry Ted Moskowitz) by Here the Court affirmed the rejection of a long list of challenges to a Washington law that permits prisons to deduct 35% of funds received by prisoners from outside sources, including funds …

U.S. v. Kaye, No. 3:93CR00072 (PCD) (D.Conn.) (93 F.Supp.2d 196) (March 1, 2000) (Judge Peter C. Dorsey)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Kaye, No. 3:93CR00072 (PCD) (D.Conn.) (93 F.Supp.2d 196) (March 1, 2000) (Judge Peter C. Dorsey) by This case deals with a topic that is destined to become increasingly important to criminal defendants following their release from imprisonment: namely, the right of the Government to pursue defendants who have …

U.S. v. Smith, No. 93-5426 (4th Cir.) (47 F.3d 681) (March 3, 1995) (Judge Sam J. III Ervin)

Article • January 1, 1995

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Smith, No. 93-5426 (4th Cir.) (47 F.3d 681) (March 3, 1995) (Judge Sam J. III Ervin) by Departing from rulings in the Third and Tenth Circuits, a majority of this panel from the Fourth Circuit held that 29 USC §1056(d)(1) prohibits ERISA pension funds from being alienated to …

U.S. v. Gaudet, No. 91-3647 (5th Cir.) (966 F.2d 959) (July 10, 1992) (Judge W. Eugene Davis)

Article • January 1, 1994

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Gaudet, No. 91-3647 (5th Cir.) (966 F.2d 959) (July 10, 1992) (Judge W. Eugene Davis) by Here the Court held that the failure of the defendant to raise on a timely basis the anti-alienation provisions of ERISA as a bar to court's order to relinquish a pension fund …

U.S. v. Gaudet, No. 91-3647 (5th Cir.) (966 F.2d 959) (July 10, 1992) (Judge W. Eugene Davis)

Article • January 1, 1994

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Gaudet, No. 91-3647 (5th Cir.) (966 F.2d 959) (July 10, 1992) (Judge W. Eugene Davis) by Here the Court held that the failure of the defendant to raise on a timely basis the anti-alienation provisions of ERISA as a bar to court's order to relinquish a pension fund …

Guidry v. Sheet Metal Workers Intn'l Assoc., No. 92-1018 (10th Cir.) (10 F.3d 700) (November 4, 1993) (Judge Wade Brorby)

Article • January 1, 1994

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

Guidry v. Sheet Metal Workers Intn'l Assoc., No. 92-1018 (10th Cir.) (10 F.3d 700) (November 4, 1993) (Judge Wade Brorby) by Here the Court held that the anti-alienation provisions of ERISA (29 USC § 1056(d)(1)) do not prohibit assignment or alienation of pension benefits that have actually been distributed under …