United States v. Elashi

Majida Salem appealed the district court’s final order of garnishment that orders her to pay the balance of the $3,500 special assessment that was part of her husband’s (defendant) criminal conviction and sentence. The court concluded that both the relevant statutes and the caselaw support the Government’s position that state-law exemptions are inapplicable when the United States is enforcing a federal criminal debt. Therefore, the Government is entitled to garnish defendant’s one-half interest in Salem’s solely managed community property, including her Brighter Horizons salary, to satisfy defendant's special assessment. Accordingly, the court affirmed the district court's order of garnishment. View "United States v. Elashi" on Justia Law