United States of America v. Marchand (JOINT ASSIGN)

Filing 19

AMENDED JUDGMENT, Upon consideration of the government's 18 motion for amended judgment, it is the ORDER, JUDGMENT, and DECREE of the court that the motion is granted and that: (1) the 15 REPORT AND RECOMMENDATION of the Magistrate Judg e is ADOPTED; (2) def Marchand's objections are overruled; (3) def Marchand's 4 MOTION to Quash is denied; (4) def Marchand's 4 request for payment of attorneys' fees and litigation expenses is denied; (5) the governments 9; motion for final disposition is granted; (6) Garnishee Ameriprise Financial Services, Inc. is to (a) sell all of defendant Marchand's assets in its control at the market rate including, but not limited to, any brokerage account, IRA, or Ro th IRA, belonging to defendant Marchand, combined with any cash on hand that defendant Marchand owns or controls to create a cash position; (b) then issue a check for the total amount to the Clerk of Court, United States District Court, One Church St reet, Suite B-110, Montgomery, Alabama 36104; (7) the clerk is to apply the funds toward def Marchand's outstanding restitution balance; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case remains closed. Signed by Honorable Judge Myron H. Thompson on 7/17/17. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
v.
AMERIPRISE FINANCIAL
SERVICES, INC.,
Garnishee,
BRYAN M. MARCHAND,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

MISC. ACTION NO.
2:15mc3719-MHT
(WO)

AMENDED JUDGMENT
Upon consideration of the government’s motion for
amended

judgment

(doc.

no.

18),

it

is

the

ORDER,

JUDGMENT, and DECREE of the court that the motion is
granted and that:
(1) The

recommendation

of

the

United

States

Magistrate Judge (doc. no. 15) is adopted.
(2) Defendant Bryan M. Marchand’s objections (doc.
no. 4) are overruled.

(3) Defendant Marchand’s motion to quash (doc. no.
4) is denied.
(4) Defendant

Marchand’s

request

for

payment

of

attorneys’ fees and litigation expenses (doc. no. 4) is
denied.
(5) The government’s motion for final disposition
(doc. no. 13) is granted.
(6) Garnishee Ameriprise Financial Services, Inc.
is to (a) sell all of defendant Marchand’s assets in
its

control

at

the

market

rate

including,

but

not

limited to, any brokerage account, IRA, or Roth IRA,
belonging to defendant Marchand, combined with any cash
on hand that defendant Marchand owns or controls to
create a cash position; (b) then issue a check for the
total

amount

District

to

the

Court,

One

Clerk

of

Church

Court,
Street,

United

States

Suite

B-110,

Montgomery, Alabama 36104.
(7) The clerk of court is to apply the funds toward
defendant

Marchand’s

outstanding

2

restitution

balance.

The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
This case remains closed.
DONE, this the 17th day of July, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE