Astrue v. Ratliff

Holding that an award of fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), is payable to the litigant, not to the attorney, and thus is available to offset a debt to the government

Reeves v. Astrue

Holding that under EAJA "attorney's fees are awarded to the prevailing party, not to the prevailing party's attorney"

Lockhart v. United States

Holding that the previous 10-year limit in the Debt Collection Act, 31 U.S.C. § 3716(e), did not bar offsetting Social Security benefits to repay federally-reinsured student loans

United States v. Munsey Trust Co.

Holding "laborers and materialmen" did not have enforceable rights against the United States

U.S. v. Sawyer

Holding that where the defendant lacks "the ability to pay immediately," § 3664(f) "require ... judges to set schedules for repayment from future earnings and other income once they leave prison," although the error does not "affect substantial rights" for purposes of plain error review under Federal Rule of Criminal Procedure 52(b)

U.S. v. Perry

Holding that the "Intervenor has undoubtedly suffered an injury in fact because the district court vacated Intervenor's property interest [obtained in a restitution order] after it had been secured by the judgment lien"

U.S. v. Cohen

Holding that because the district court's restitution award was within the scope of the court's authority under the Restitution Act, the defendant's challenge to the amount of restitution ordered fell within the scope of his appeal waiver

U.S. v. Monzel

Holding that § 3771(d)'s requirement is not jurisdictional

U.S. v. James

Holding that "ERISA is no bar to garnishment of a qualified pension plan to collect a criminal restitution order" in rejecting a defendant's motion to quash a garnishment writ seeking to collect MVRA restitution payments

U.S. v. Lawrence

Holding that "consideration of Defendant's financial situation and/or the equities of the case are not subject to or within the purview of a garnishment hearing."

Section 3664 - Procedure for issuance and enforcement of order of restitution

Holding that government bears "burden of demonstrating" victim loss "as a result of the offense"

Section 3613 - Civil remedies for satisfaction of an unpaid fine

Granting the United States the power to enforce restitution "in accordance with the practices and procedures for the enforcement of a civil judgment under Federal law or State law ."

Section 3663A - Mandatory restitution to victims of certain crimes

Granting these categories of restitution to victims "in any case"

Section 6402 - Authority to make credits or refunds

Granting the Secretary authority to credit an overpayment to any tax liability

Section 3716 - Administrative offset

Authorizing an agency whose debt collection attempts are unsuccessful to “collect the claim by administrative offset”

Section 3701 - Definitions and application

Defining "nontax" debts as any debts "other than [debts] ... under the Internal Revenue Code of 1986."

Section 3003 - Rules of construction

Stating that the FDCPA "shall preempt State law to the extent such law is inconsistent with a provision of this chapter"

Section 285.5 - Centralized offset of Federal payments to collect nontax debts owed to the United States

Holding that "all Federal payments are eligible for offset under this section" unless explicitly excepted in (e), which does not apply to travel reimbursements

Section 285.2 - Offset of tax refund payments to collect past-due, legally enforceable nontax debt

Defining "tax refund offset"

Section 11.4 - Purpose and scope