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U.S. v. JAMES

No. CR. 03-306-A.

312 F.Supp.2d 802 (2004)

UNITED STATES of America, Plaintiff, v. Charles Clinton JAMES, Defendant, and TIAA-CREF, Garnishee.

United States District Court, E.D. Virginia, Alexandria Division.

April 5, 2004.

Attorney(s) appearing for the Case

Mark A. Exley, Assistant United States Attorney, United States Attorney's Office, Norfolk, VA, for Plaintiffs or Petitioners.

Meagan T. Bachman, Eric A. Kuwana, Kathryn M. Minor, Patton Boggs, LLP, Washington, DC, for Defendants or Respondents.

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...

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