United States v. Doyle

Filing 11

FINAL ORDER OF GARNISHMENT signed by District Judge Kimberly J. Mueller on 9/22/2016 ORDERING that the United States' Garnishment Application is GRANTED; Garnishee AFSC shall, within 20 days following service of this Order, LIQUIDATE, PAY and DE LIVER to the Clerk of Court the funds from Defendant's SIMPLE IRA account plus any subsequent deposits/gains made to the account since 1/15/2016 (the Garnished Amount); AFSC shall mail or deliver a cashier's check or money order made PAYAB LE to the "Clerk of Court" for the Garnished Amount to the Clerk of Court, USDC for the EDCA, Sacramento, CA; if the value of the account to be garnished above has changed from the value stated in AFSC's Answer, AFSC shall file and ser ve an amended Answer reflecting the Garnished Amount concurrently with its payment; this is a final order of garnishment; upon payment and processing of the Garnished Amount as ordered above, this writ shall terminate pursuant to 28:3205(c)(10)(B) and the Clerk shall close this file. CASE CLOSED (Reader, L)

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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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Case No.: 1:16-MC-00005-KJM

v.

[Proposed] FINAL ORDER OF
GARNISHMENT (SECURITIES)

VINCENT J. DOYLE,
Defendant and Judgment Debtor.

CRIMINAL CASE NO: 2:12-CR-00443-KJM

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AMERICAN FUNDS SERVICE COMPANY,
Garnishee.

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Pending before the Court is the United States’ application for a final order of garnishment (the
Garnishment Application) against defendant Vincent J. Doyle’s securities at garnishee, American Funds
Service Company (AFSC). As set forth in the Garnishment Application, the United States sought and
obtained the writ to collect the $2,791,830.15 Defendant owes for the unpaid balance of his criminal
judgment and a statutorily authorized litigation surcharge. The Clerk issued the writ, which the United
States served upon AFSC and the Defendant.
AFSC served and filed its acknowledgment of service and answer of garnishee (the Answer) to
the writ, which identifies a SIMPLE IRA account in which the Defendant maintains an interest. The
Defendant did not file a timely claim of exemption to the proposed garnishment of the AFSC Securities;
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1 objected to the Answer; requested a hearing, or otherwise objected to the United States’ garnishment
2 action.
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In accordance with 28 U.S.C. § 3205(c)(7), after the Garnishee files an Answer, and if no

4 hearing is requested within the required time period, the court shall promptly enter an order directing the
5 Garnishee as to the disposition of the Judgment Debtor’s property.
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Accordingly, THE COURT HEREBY ORDERS that:

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1.

The United States’ Garnishment Application is GRANTED.

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2.

Garnishee AFSC shall, within 20 days following service of this Order, LIQUIDATE,

9 PAY and DELIVER to the Clerk of Court the funds from Defendant’s SIMPLE IRA account plus any
10 subsequent deposits/gains made to the account since January 15, 2016 (the Garnished Amount).
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3.

AFSC shall mail or deliver a cashier’s check or money order made PAYABLE to the

12 “Clerk of Court” for the Garnished Amount to the Clerk of Court, United States District Court for the
13 Eastern District of California, 501 I Street, Suite 4-200, Sacramento, CA, 95814. AFSC shall state the
14 criminal case number (Case No. 2:12-cr-443-KJM) on the payment instrument and, if it desires a
15 payment receipt, shall include a self-addressed, stamped envelope with the payment.
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4.

If the value of the account to be garnished above has changed from the value stated in

17 AFSC’s Answer, AFSC shall file and serve an amended Answer reflecting the Garnished Amount
18 concurrently with its payment.
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5.

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

20 Amount as ordered above, this writ shall terminate pursuant to 28 U.S.C. § 3205(c)(10)(B) and the Clerk
21 shall close this file.
22 IT IS SO ORDERED.
23 DATED: September 22, 2016.
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UNITED STATES DISTRICT JUDGE

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