4th Circuit: United States Entitled To 401(k), Criminal Restitution

Mealey's (September 3, 2021, 4:05 PM EDT) -- RICHMOND, Va. — The government was entitled to seize an employee’s 401(k) account to satisfy his criminal restitution under the Mandatory Victim Restitution Act (MVRA)’s broad enforcement standards, but a district court failed to consider whether there were conditions that limited the employee’s present property rights and, in turn, limited the government’s rights, the Fourth Circuit U.S. Court of Appeals ruled Aug. 10, remanding to the trial court....