United States v. Cole

Filing 11

STIPULATION REGARDING WRIT OF GARNISHMENT; AND ORDER THEREON signed by District Judge Lawrence J. O'Neill on 5/29/2015. (Lundstrom, T)

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  BENJAMIN B. WAGNER
United States Attorney
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  KURT A. DIDIER
Assistant United States Attorney
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  501 I Street, Suite 10-100
Sacramento, CA 95814
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  Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff
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  United States of America
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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  UNITED STATES OF AMERICA,
Plaintiff,

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v.

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  CALEB COLE,
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Defendant and Judgment Debtor.

Case No.: 1:15-MC-0015-LJO
STIPULATION REGARDING WRIT OF
GARNISHMENT; AND ORDER THEREON
CRIMINAL CASE. NO.: 1:11-CR-00026-LJO
No Hearing Requested

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OPPENHEIMER FUNDS SERVICES,
Garnishee.

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Plaintiff United States and defendant Caleb Cole hereby stipulate to the resolution of the United

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  States’ pending garnishment action against Defendant’s interest in his retirement account at garnishee
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  Oppenheimer Funds Services (“Oppenheimer Funds”) as follows:
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1.

The Court convicted and sentenced Defendant in the above referenced criminal case as

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  stated in the Judgment in a Criminal Case filed on August 3, 2014. CR ECF No. 366. The Judgment
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  ordered Defendant to pay a $100 special assessment and $663,950 in restitution. Defendant has not paid
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  the restitution in full.
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2.

The United States sought, and the Clerk issued, a writ of garnishment on March 27, 2015

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Stipulation and Order of Garnishment

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  against Defendant’s retirement account at Oppenheimer Funds. Misc. ECF No. 5.1.
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3.

Oppenheimer Funds filed and served its acknowledgement of service and answer of

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  garnishee (the “Answer”) to the writ, identifying Defendant as the owner of a retirement account ending
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  in numbers 9552. Misc. ECF No. 8. The Answer states the approximate value of the account as
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  $20,509.44. The value is approximate as the account may be subject to dividend distributions and
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  fluctuating market prices.
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4.

On April 15, 2015, Defendant filed a request for hearing in this garnishment proceeding.

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  Misc. ECF No. 7. The request states: “I do not understand how the disbursement will affect my federal
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  taxes. If I am liable for the penalty for early withdrawal I request that amount be left for me to do so.”
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5.

Following negotiations, the parties agree the United States may garnish a portion of

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  Defendant’s retirement account number 9552 and that the Court can and should enter an order:
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A. Garnishing 85% of the account’s value as of the date the Court signs the order

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  approving this stipulation (the “Garnished Amount”; for example, if the value of account number 9552
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  is still $20,509.44 at the time of signature, Oppenheimer Funds would pay $17,433.02) and directing the
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  payment of this amount to the Clerk of the Court; and
B. That upon Oppenheimer Fund’s payment of the Garnished Amount to the Clerk,

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  Oppenheimer Funds may release the balance of the retirement account to Defendant’s control.
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6.

Defendant agrees to withdraw his previously filed request for hearing and waives any

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  other objection to this proceeding.
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  FOR THE UNITED STATES OF AMERICA:
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BENJAMIN B. WAGNER
United States Attorney

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  Dated: May 27, 2015
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/s/
KURT A. DIDIER
Assistant United States Attorney

FOR THE DEFENDANT AND JUDGMENT DEBTOR:

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  Dated: May 27, 2015
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Stipulation and Order of Garnishment

/s/
CALEB COLE, in pro per
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ORDER

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The Court, having reviewed the court files and the parties’ Stipulation Regarding Writ of

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  Garnishment (the Stipulation), and finding good cause therefrom, hereby APPROVES the Stipulation.
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ACCORDINGLY, the Court hereby ORDERS, ADJUDGES and DECREES as follows:

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1.

The United States’ application for an order of garnishment is GRANTED;

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2.

Oppenheimer Funds shall DELIVER, within fifteen (15) days of the date of this Order, a

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  cashier’s check or money order in the sum of 85% of the value of Defendant’s account ending in numbers
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  9552, calculated as of the date this order is signed below (the “Garnished Amount”) and made payable to
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  the “Clerk of the Court” at the Office of the Clerk, United States District Court, Eastern District of
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  California, 501 I Street, Suite 4-200, Sacramento, California 95814. Oppenheimer Funds shall also state
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  the docket number (Case No.: 1:11-CR-000026-LJO) on the payment instrument and, if it desires a
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  payment receipt, shall include a self-addressed, stamped envelope with the payment;
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3.

Upon its payment of the Garnished Amount to the Clerk, Oppenheimer Funds shall

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  RELEASE its hold on the remaining monies in account number 9552; and
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4.

This is a final order of garnishment; upon payment and processing of the Garnished

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  Amount as ordered above, this writ shall TERMINATE pursuant to 28 U.S.C. § 3205(c)(10)(B).
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  SO ORDERED
Dated: May 29, 2015
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/s/ Lawrence J. O’Neill
United States District Judge

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Order of Garnishment

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