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Home / Opinion Digests / Criminal Law / ERISA doesn’t bar garnishment of 401(k) to satisfy restitution order (access required)

ERISA doesn’t bar garnishment of 401(k) to satisfy restitution order (access required)

The court joined two other circuits in holding that the Employee Retirement Income Security Act of 1974, or ERISA, doesn’t prevent the government from garnishing the retirement assets of a defendant in order to satisfy a criminal restitution order under the Mandatory Victims Restitution Act of 1996, or MVRA. Background This appeal requires this court to decide ...