Can the federal government come after my retirement (IRA's and SEP's) for restitution purposes?

Asked 4 months ago - Miami, FL

I was sentenced on a conspiracy charge and charged with both forfeiture and restitution. I still owe the restitution. I forfeited everything I owned and now they want my retirement as well.

Attorney answers (6)

  1. Alberto Marino Quirantes Jr.

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . They very well can and will attempt to. Consult with a federal criminal forfeiture attorney to determine the extent of their reach.

    The information provided is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law... more
  2. Raymond George Wigell

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . This is a complex question that will require, as it deserves, a complex legal analysis. Your local experienced criminal defense attorney is in the best position to protect your retirement.

    This answer/response is based on the information provided in the question asked and requires a much more complete... more
  3. Gregg R. Brennan

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . It's possible. You should consult with an attorney that does a great deal of federal criminal defense work and get their take on it. The federal government has a pretty long reach though, and there's probably not much that they can't get to in order to satisfy the restitution requirement of your sentence.

    An attorney-client relationship is NOT created by the answering of this question. If you would like to discuss... more
  4. Stephen F Wallace

    Contributor Level 19

    2

    Lawyers agree

    Answered . Please focus on this question with your attorney. You need protection here.

  5. Robert Jason De Groot

    Pro

    Contributor Level 20

    Answered . Chapter 222 of Florida Statutes contains the exemptions available in Florida. Retirement accounts are exempt from civil process, but I would have to do a bunch of research to see if they are exempt from criminal process.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I... more
  6. Jaime Halscott

    Pro

    Contributor Level 10

    Answered . I agree with my colleagues here. The reach of the federal government is very long. If they can find it they can usually attach it. However, you will want to talk to an attorney to fight this. Even if there isn't case law on point at this juncture that doesn't mean that a good faith argument can't be made to protect these special assets.

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