Convicted Murderer’s Restitution Order Vacated by Ninth Circuit

The government’s attempt to seize a convicted murderer’s entire federal retirement savings to pay restitution was rebuffed by the Ninth Circuit, ruling the account can’t unilaterally be cashed out without spousal consent.

“The government can completely cash out a defendant’s” Thrift Savings Plan account to satisfy a restitution order under the Mandatory Victims Restitution Act “only when the plan’s terms would allow the defendant to do so at the time of the order,” Judge Jennifer Sung said for the US Court of Appeals for the Ninth Circuit on Friday.

The Ninth Circuit vacated restitution orders that would have allowed the ...