USA v. Christopher Lance Stovall

Filing 11

FINAL ORDER of GARNISHMENT (Criminal Case No.: 1:10-cr-00271 LJO) 8 , signed by Chief Judge Lawrence J. O'Neill on 8/11/16: 15-Day Deadline. (Hellings, J)

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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,

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Plaintiff,

Case No.: 1:16MC00037-LJO-EPG
FINAL ORDER OF GARNISHMENT

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v.
CHRISTOPHER LANCE STOVALL,

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Criminal Case No.: 1:10-cr-00271-LJO

Defendant and Judgment Debtor.
EDWARD JONES,
(and its Successors and Assignees)

(Doc. 8)

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Garnishee.
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Upon a review the United States’ Application for Garnishment and its Request for Findings and

20 Recommendations for Final Order of Garnishment (Doc. 8),1 the Court finds as follows:
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1. On June 2, 2014, the Court convicted and sentenced Defendant Christopher Stovall in criminal

22 case number 1:10-cr-00271-LJO. The Judgment ordered that Defendant pay a $400.00 special
23 assessment and $2,479,290.00 in restitution. See, U.S.A. v. Stovall, 1:10-cr-00271-LJO (Doc. 42, pg. 5).
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2. To collect the restitution order, the United States filed an Application for Writ of

25 Garnishment on June 16, 2016. (Doc. 3).
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3. As of June 15, 2016, Christopher Stovall owed $2,727,219.00 in restitution. (Doc. 6-1, pg. 2,

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A Final Order of Garnishment rather than Findings and Recommendations is issued in this case since the Judgment

28 Debtor did not request a hearing.
Final Order of Garnishment

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1 lines 5-11).
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4. The Clerk issued a Writ of Garnishment and the Clerk's Notice and Instructions to the

3 Judgment Debtor on June 17, 2016. (Doc. 4 and 5).
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5. On June 17, 2016, the United States served the Garnishee and the Judgment

5 Debtor with the Writ and its attachments. The Judgment Debtor and his spouse were notified of their
6 right to a hearing to object to the Answer and/or to claim exemptions. (Doc. 6, pg. 2). Specifically, the
7 Notice provided that the Judgment Debtor and his spouse had twenty (20) days from the date the
8 garnishee served its Answer to request a hearing pursuant to 28 U.S.C. § 3205(c)(5), and/or to assert a
9 claim of exemption(s).
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6. Gamishee, Edward Jones, served its Acknowledgment of Service and Answer of Garnishee

11 (the "Answer") to the writ on June 23, 2016. In its Answer, the garnishee identifies that the Judgment
12 Debtor has accounts that are in the custody, possession and/or control of Edward Jones. The Answer
13 states the approximate value of the accounts as follows: (1) Joint Tenants with Rights of Survivorship
14 Brokerage Account #XXX-XX189-I-8 with a value of $66.96; (2) Traditional Individual Retirement
15 Account (IRA) # XXX-XX265-L-8 held for the benefit of Christopher L. Stovall, which, as of June 21,
16 2016, had a total estimated market value of $61,064.72; (3) 529 College Savings Plan Account # XX17 XX599-l-3, held as Christopher L. Stovall owner for the benefit of Ty Stovall (valued at $1,275.64);
18 and, (4) 529 College Savings Plan Account # XXX-XX600-I-0 held as Christopher L. Stovall owner for
19 the benefit of Aden Walker Stovall, valued at $1,277.65. The value of these accounts are approximations
20 as the accounts may be subject to dividend distributions and fluctuating market prices. (Doc. 7).
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7. No request for hearing was filed, and no claims of exemptions were raised by the Judgment

22 Debtor or his spouse, as set forth in 28 U.S.C. § 3014(b)(2).
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Accordingly, IT IS HEREBY ORDERED that:

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1.

The United States’ request for a Final Order of Garnishment is GRANTED;

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2.

GARNISHEE, shall DELIVER, within fifteen (15) days of the filing of the Order, the

26 full value, calculated as of the date the Final Order of Garnishment is signed the District Judge, from
27 Christopher L. Stovall’s IRA, Account Number XXX-XX265-1-8. Payment must be made in the form a
28 cashier’s check, money order or company draft, and made payable to the “Clerk of the Court” and shall
Final Order of Garnishment

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1 be mailed to the United States District Court, Eastern District of California, 501 I Street, Room 4-200,
2 Sacramento, California 95814. Edward Jones shall also state the criminal docket number (Case No.
3 1:10CR00271-LJO) on the payment instrument;
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3.

Upon its payment of the garnished funds from the IRA Account Number XXX-XX265-1-

5 8, to the Clerk of the Court, Edward Jones shall release its hold on the Judgment Debtor’s other
6 accounts, Brokerage Account Number XXX-XX189-1-8; 529 College Savings Plan Account Number
7 XXX-XX599-1-3 and 529 College Savings Plan Account Number XXX-XX600-1-0; and
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That upon payment and processing of the garnished funds being applied towards

9 restitution, the writ of garnishment shall TERMINATE pursuant to 28 U.S.C. ' 3205(c)(10)(B).
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11 IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill _____

August 11, 2016

UNITED STATES CHIEF DISTRICT JUDGE

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Final Order of Garnishment

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