context: As I have analyzed his statement of financial condition, he has funds available to him that he can use to discharge his restitution obligations. Furthermore, "ERISA's anti-alienation clause does not apply to pension funds that have already been distributed to the beneficiary."
citation_a.signal: cf.
citation_a.identifier: 89 F.3d 1322, 1322
citation_a.parenthetical: restitution order vacated because it required sale of a single specific asset
citation_a.sentence: Jackson, 229 F.3d at 1225. Pension funds, once distributed, are subject to restitution orders and are not protected by ERISA. Robbins v. DeBuono, 218 F.3d 197, 203 (2d Cir.2000) (“this statutory scheme protects benefits only while they are held by the plan administrator and not after they reach the hands of the beneficiary”); Kalani, 2003 WL 21222546, *2, 2003 U.S. Dist. Lexis 8762, at *3-*5 (restitution order valid, since the schedule of required payments — lump sum of $60,000 plus 10% of gross monthly earnings — did not specify source of funds to be paid in restitution, or direct liquidation of specific assets, and because defendant had other potential sources of payment); cf. Lampien, 89 F.3d at 1322 (restitution order vacated because it required sale of a single specific asset).
citation_b.signal: no signal
citation_b.identifier: 218 F.3d 197, 203
citation_b.parenthetical: "this statutory scheme protects benefits only while they are held by the plan administrator and not after they reach the hands of the beneficiary"
citation_b.sentence: Jackson, 229 F.3d at 1225. Pension funds, once distributed, are subject to restitution orders and are not protected by ERISA. Robbins v. DeBuono, 218 F.3d 197, 203 (2d Cir.2000) (“this statutory scheme protects benefits only while they are held by the plan administrator and not after they reach the hands of the beneficiary”); Kalani, 2003 WL 21222546, *2, 2003 U.S. Dist. Lexis 8762, at *3-*5 (restitution order valid, since the schedule of required payments — lump sum of $60,000 plus 10% of gross monthly earnings — did not specify source of funds to be paid in restitution, or direct liquidation of specific assets, and because defendant had other potential sources of payment); cf. Lampien, 89 F.3d at 1322 (restitution order vacated because it required sale of a single specific asset).