United States v. Mathew L. Lemberger, 673 F. App'x 579

Mathew L. Lemberger pleaded guilty to two counts of federal arson and was sentenced to imprisonment and $779,408 in restitution; judgment stated payment was "to begin immediately" and set post-release installment terms.
While incarcerated, Lemberger participated in the Bureau of Prisons (BOP) Inmate Financial Responsibility Program and made periodic payments.
In 2016 the government moved to seize $4,650 from Lemberger’s inmate trust account to apply to his restitution balance.
Lemberger opposed, arguing the judgment did not require payments during incarceration and that participation in the BOP program precluded additional seizure.
The district court granted the government’s motion, applying federal statutes that create a lien on inmate funds and require application of substantial resources toward restitution; it denied reconsideration.
The Seventh Circuit affirmed, holding the government lawfully could obtain funds in the inmate trust account notwithstanding the voluntary BOP payment program.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the government may seize funds from an inmate trust account to satisfy restitution	Government: statutes permit seizure and application of inmate assets to restitution	Lemberger: judgment requires payments only upon release; not during incarceration	Court: seizure lawful; judgment required immediate payment and existing assets may be seized
Whether participation in BOP’s voluntary payment program bars other collection methods	Government: program is one collection means among others; does not preclude enforcement by other means	Lemberger: because he paid via BOP program, government cannot take additional funds	Court: BOP program is voluntary and does not foreclose "all other available and reasonable means" of collection
Procedural due process—need for live hearing or consideration of surreply	Government: district court’s procedures adequate	Lemberger: court failed to consider surreply and should have held live hearing	Court: district court considered filings; no hearing required because evidence could be submitted in writing
Interpretation of judgment term "payment [is] to begin immediately"	Government: means defendants must pay what they can at sentencing, including available assets	Lemberger: phrase does not mean balance due immediately; incarceration precludes payments absent net earnings	Court: phrase means restitution must be paid immediately unless court provides otherwise; assets during incarceration may be seized

United States v. Wykoff, 839 F.3d 581 (7th Cir.) (restitution must be paid immediately absent court authorization; seizure of inmate assets appropriate)
United States v. Sawyer, 521 F.3d 792 (7th Cir.) (existing assets should be seized promptly to satisfy criminal monetary obligations during incarceration)
In re Buddhi, 658 F.3d 740 (7th Cir.) (describing BOP Inmate Financial Responsibility Program as voluntary)