United States v. Lee, No. 10-3117 (7th Cir. 2011)
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Defendant pled guilty, in 1997, to multiple counts of fraud, money laundering, and perjury and was sentenced to 78 months' imprisonment, five years of supervised release, and ordered to pay $1,587,321.50 in restitution and to forfeit $337,000. The government obtained a turnover order targeting payments defendant had received from three retirement savings plans provided through his employer under the Mandatory Victims Restitution Act, 18 U.S.C. 3613(a). The Seventh Circuit vacated. The targeted funds are a defined benefit plan, a 401(k) plan, and a "non-qualified" plan. The Consumer Credit Protection Act limits garnishment to 25% of the party's "aggregate disposable earnings of any individual workweek," 15 U.S.C. 1673(a), and applies to the periodic payments from a pension or retirement program.
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