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Second Circuit to Decide Whether 401(k) Plans Can Be Garnished to Enforce Criminal Restitution Order
Steptoe & Johnson LLP 
May 4, 2022 "Last week, the Second Circuit heard oral argument ... about whether the government can garnish two retirement accounts held by the defendant to aid in the execution of an over $10 million criminal restitution award against the defendant.... This case will be an interesting one to watch, to see how much protection -- even in the criminal context -- qualified retirement plans receive from the courts and whether private victims will have the same powers to enforce." [U.S. v. Greebel, No. 15-637 (E.D.N.Y. Apr. 16, 2021; on appeal to 2d Cir. No. 21-993)] |
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