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February 22, 2007

MVRA meets ERISA in the Ninth Circuit

I always thought one benefit of my interest in criminal law was that I would never need to understand ERISA.  But a 67-page en banc decision from the Ninth Circuit today shows I was wrong.  In US v. Novak, No. 04-55838 (9th Cir. Feb 22, 2007) (available here) the Ninth Circuit explores the intersection of "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 Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. ยงยง 1001-1461, regulating private pension plans."

Of course, Novak is a must-read for any criminal defense lawyers who always really wanted to be ERISA lawyers and perhaps also for any ERISA lawyers who always really wanted to be criminal defense lawyers.  As for others...

February 22, 2007 at 03:36 PM | Permalink


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