Legal Opinion

United States v. Raymond P. Novak

Court of Appeals for the Ninth Circuit

Decided February 22, 2007No. 04-55838PublishedCited by 125 opinions

1Opinion of the Court

BERZON, Circuit Judge.

We are asked to determine whether— and if so, under what circumstances — a criminal defendant’s retirement benefits are available as a source of funds to compensate crime victims. Answering these questions requires reconciling two federal statutory schemes — one, the Mandatory Victims Restitution Act of 1996 (“MVRA”), Pub.L. No. 104-132, 110 Stat. 1227, governing the payment of restitution to crime victims, and the other, the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461,1 regulating private pension plans. Underlying each statute is a…

2Cases cited65 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  3. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  4. Heckler v. ChaneySupreme Court of the United States · 1985
  5. Morton v. MancariSupreme Court of the United States · 1974

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3Cited by125 opinions

  1. DirecTV, Inc. v. Hoa HuynhCourt of Appeals for the Ninth Circuit · 2007
  2. Drakes Bay Oyster Company v. Sally JewellCourt of Appeals for the Ninth Circuit · 2013
  3. Consejo De Desarrollo Economico De Mexicali, A.C. v. United StatesCourt of Appeals for the Ninth Circuit · 2007
  4. Dunn & Black, P.S. v. United StatesCourt of Appeals for the Ninth Circuit · 2007
  5. Erica Harzewski, on Their Own Behalf and on Behalf of All Other Persons Similarly Situated v. Guidant CorporationCourt of Appeals for the Seventh Circuit · 2007

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