United States v. Raymond P. Novak

CALLAHAN, Circuit Judge.

The United States appeals from the district court’s order quashing its writ of garnishment of Raymond Novak’s benefits under a pension plan subject to the Employment and Retirement Income Security Act of 1974 (“ERISA”). The district court held that such a garnishment was prohibited by ERISA’s anti-alienation provision, 29 U.S.C. § 1056(d)(1). We reverse and remand because we determine that the Mandatory Victims Restitution Act of 1996 (“MVRA”), 18 U.S.C. § 3663A, in conjunction with 18 U.S.C. § 3613, constitutes a statutory exception to ERISA’s anti-alienation…