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

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


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.

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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 Center in Miami, Florida. There is no attorney client privilege created in this communication. Do not send questions which are confidential in nature by either this venue or via email. Personal questions should be asked in person or via telephonic conference only. You should only ask theoretical questions of a general nature.

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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.

This answer/response is based on the information provided in the question asked and requires a much more complete context than is available in this public forum. Please do NOT use this answer/response to say or do anything regarding your situation. BEFORE you say or do anything consult with an experienced Federal and/or state criminal defense attorney in your jurisdiction who will listen to you and your concerns.

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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.

R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

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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.

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