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U.S. v. VONDETTE

Docket Nos. 02-1528(L), 02-1529(CON).

352 F.3d 772 (2003)

UNITED STATES of America, Appellee, v. Michael J. VONDETTE, also known as Steven, also known as Big, also known as Big Guy, also known as Mike, also known as Michael J. Von Dette, also known as M.J. Vondette, also known as Glenn Titus, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 27, 2003.

Publication Ordered: October 2, 2003.

Published: December 16, 2003.

Attorney(s) appearing for the Case

PAULA SCHWARTZ FROME, Kase & Druker (James O. Druker, on the brief), Garden City, NY, for Defendant-Appellant.

BURTON T. RYAN, JR., Assistant United States Attorney, Eastern District of New York (Roslynn R. Mauskopf, U.S. Attorney, Cecil C. Scott, Charles P. Kelly, Assistant U.S. Attorneys, on the brief), Brooklyn, NY, for Appellee.

Before: POOLER, SACK, and WESLEY, Circuit Judges.

POOLER, Circuit Judge.

This case requires us to decide whether Individual Retirement Accounts ("IRAs") are protected from criminal forfeiture by 26 U.S.C. § 408, which discusses nonforfeitability, or by the protection from invasion afforded to pensions under the Employee Retirement Income Security Act of 1974, Pub.L. No. 93-406, 88 Stat. 829 (codified as amended in scattered sections of 26 U.S.C. and 29 U.S.C.) ("ERISA"). Defendant Michael J. Vondette appeals...

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