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Home / Opinion Digests / Criminal Law / No Forfeiture for Defendant’s ESOP Interest (access required)

No Forfeiture for Defendant’s ESOP Interest (access required)

A criminal defendant ordered to make restitution for wire fraud is not required to forfeit her interest in an ERISA-protected Employee Stock Ownership plan, an Alexandria U.S. District Court says; ERISA’s anti-alienation and assignment provision bars the government from seeking criminal forfeiture of defendant’s interest valued at $82,253, but the court says  other remedies may ...