UNITED STATES v. FRANK

No. 20-6706.

8 F.4th 320 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Jon Lawrence FRANK, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 10, 2021.


Attorney(s) appearing for the Case

ARGUED: Cadence Alexandra Mertz , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. Laura Michelle Grimes , OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee. ON BRIEF: Geremy C. Kamens , Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia; Andrew L. Kline , CLEARY GOTTLIEB STEEN & HAMILTON LLP, Washington, D.C., for Appellant. G. Zachary Terwilliger , United States Attorney, Daniel T. Young , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge Harris wrote the opinion, in which Judge Niemeyer and Judge Keenan joined.


This appeal requires us to decide whether and to what extent retirement benefits protected by the anti-alienation provision of the Employee Retirement Income Security Act of 1974 ("ERISA") are subject to criminal restitution orders under the Mandatory Victims Restitution Act of 1996 ("MVRA"). The MVRA provides expressly...

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