Legal Opinion
United States v. James
District Court, E.D. Virginia
Decided April 5, 2004No. CR. 03-306-APublishedCited by 28 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
At issue in this garnishment proceeding is whether the government is barred by ERISA, 1 specifically 29 U.S.C. § 1056(d)(1), from garnishing the retirement accounts of a criminal defendant for the purpose of collecting amounts ordered in restitution. For the reasons stated below, ERISA does not bar the government from enforcing the criminal restitution order by garnishing defendant’s retirement accounts.
I. 2
On September 26, 2003, defendant Charles Clinton James pled guilty and was convicted of theft from a program receiving federal funds, to wit, the…
2Cases cited4 opinions
- Guidry v. Sheet Metal Workers National Pension FundSupreme Court of the United States · 1990
- United States v. Nelson Walker, AKA "Steve Wilson," AKA "Darrell Marshall," v. Michael NnebeCourt of Appeals for the Second Circuit · 2003
- United States v. RiceDistrict Court, N.D. Oklahoma · 2002
- United States v. TysonDistrict Court, E.D. Michigan · 2003
3Cited by28 opinions
- United States v. Stefan IrvingCourt of Appeals for the Second Circuit · 2006
- United States v. Raymond P. NovakCourt of Appeals for the Ninth Circuit · 2007
- United States v. BedonieDistrict Court, D. Utah · 2004
- United States v. LazorwitzDistrict Court, E.D. North Carolina · 2005
- United States v. Stefan IrvingCourt of Appeals for the Second Circuit · 2005
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