A former U.S. law firm partner who was convicted in a fraud scheme with pharmaceuticals industry executive Martin Shkreli has asked the U.S. Supreme Court to limit prosecutors from tapping his retirement accounts to enforce a $10.4 million restitution order.
Lawyers for Evan Greebel on Wednesday filed a petition at the high court that challenges a ruling against him by the New York-based 2nd U.S. Circuit Court of Appeals. The appeals court inprosecutors had authority to use Greebel's law firm retirement accounts for garnishment purposes to enforce the crime-victim restitution order under the federal Mandatory Victims Restitution Act.
"This case touches on a feature of the human experience that nearly every single American must plan for: retirement," Gibson, Dunn & Crutcher partner Akiva Shapiro, representing Greebel, said inShapiro argued the 2nd Circuit decision widened a divide in the courts and executive branch over the definition of "earnings" under the Consumer Credit Protection Act.
Greebel, previously a partner at law firm Katten Muchin Rosenman, was sentenced in 2018 to serve an 18-month prison term for helping Shkreli bilk investors. Greebel had served as outside counsel to Shkreli's drug company Retrophin Inc. In Greebel's Supreme Court filing, Shapiro said prosecutors' drive to seize retirement funds marked "a dogged and troubling effort to effectively override the protections that Congress has put in place to protect earnings from garnishment."
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