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Lowenstein Sandler

| less than a minute read

2nd Circ. Ruling Limits Collection Beyond Restitution Terms

On Sept. 21, in In re: IIG Structured Trade Finance Fund Ltd., the U.S. Court of Appeals for the Second Circuit held that where a restitution judgment includes a payment schedule and does not require immediate payment, "the government is not entitled to a turnover order to collect funds for restitution above and beyond the payment schedule." This is so even when a defendant's assets substantially appreciate.