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.
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.
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Please focus on this question with your attorney. You need protection here.
They very well can and will attempt to. Consult with a federal criminal forfeiture attorney to determine the extent of their reach.
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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.
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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.
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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.