United States v. James Jackson

W. FLETCHER, Circuit Judge:

This case presents the question whether, as part of a criminal sentence, a district court may order that undistributed funds from a pension plan covered by the Employee Retirement Income Security Act (“ERISA”) be used to make immediate payment of restitution. We hold that unless the crime involved the ERISA pension plan in question and restitution is ordered to that plan, undistributed funds are not available for such payment.

I

Appellant James Jackson (“Jackson”) was indicted on forty-six counts of embezzling labor union assets, in violation of 29 U.S.C. § 501(c). He…