United States v. Brewer

Filing 11

ORDER OF GARNISHMENT signed by Magistrate Judge Edmund F. Brennan on 07/30/15 ORDERING that Defendant Shanika Brewers Health Plan of San Joaquin retirement account is GARNISHED in its entirety (the Garnished Amount); Garnishee Great-West Financial sh all DELIVER, within 15 days, a cashier's check or money order for the Garnished Amount and made payable to the "Clerk of the Court" at the Office of the Clerk, United States District Court, Eastern District of California, 501 I Stre et, Suite 4-200, Sacramento, California 95814. Great- West shall also state the docket number on the payment instrument and, if it desires a payment receipt, shall include a self addressed, stamped envelope with the payment; and this is a final order of garnishment; upon payment and processing of the Garnished Amount as ordered above, this writ shall terminate (cc: Financial). (Benson, A)

1 BENJAMIN B. WAGNER
United States Attorney
2 KURT A. DIDIER
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
5
Attorneys for Plaintiff
6 United States of America
7

IN THE UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

UNITED STATES OF AMERICA,

11

Plaintiff,
v.

12
13

UNOPPOSED APPLICATION FOR FINAL
ORDER OF GARNISHMENT; AND ORDER
THEREON (RETIREMENT ACCOUNT)

SHANIKA BREWER,
Criminal Case. No.: 2:14-CR-00025-MCE

14

Defendant and Judgment Debtor,
[No Hearing Requested]

15
16

Case No.: 2:14-MC-00137-GEB-EFB

GREAT-WEST FINANCIAL,
Garnishee.

17
18
19

Plaintiff United States respectfully requests, pursuant to Section 3205(c)(7) of the Federal Debt

20 Collection Procedure Act of 1990, 28 U.S.C. '' 3001, et seq. (the FDCPA), an order garnishing
21 defendant Shanika Brewer’s retirement account with the Health Plan of San Joaquin (garnishee Great22 West Financial has third party administration and recordkeeping responsibilities over Defendant’s
23 Health Plan retirement account). Defendant does not oppose this garnishment proceeding.1 The United
24 States seeks this Order based on the following grounds:
25

1.

A judgment in criminal case number 2:14-CR-00025-MCE was filed against Defendant

26
27

1

See the attached declaration of Kurt A. Didier, filed and served concurrently herewith.

28

1
Application for Garnishment Order;
and Order

1 on August 20, 2014. CR ECF No. 26. The Judgment includes an order of restitution in the amount of
2 $1,248,770.32.
2.

3

To collect on the unpaid restitution order, the United States filed an Application for Writ

4 of Garnishment (Retirement Accounts) on November 14, 2014, against Defendant’s Health Plan
5 retirement account. Misc. ECF No. 3. The Clerk issued the writ of garnishment the same day. Misc.
6 ECF No. 5.
3.

7

The United States served Great-West with the writ and its allied documents, including the

8 garnishee’s Acknowledgement of Service and Answer of Garnishee (the Answer) on November 14,
9 2014. Misc. ECF No. 6.
4.

10

On November 18, 2014, the United States served Defendant and her spouse with copies

11 of the writ. The service included notice of hearing rights to object to the garnishment, claim exemptions
12 thereto and to object to the garnishee’s Answer. Misc. ECF No. 7.
5.

13

On December 15, 2014, garnishee Great-West filed its Answer, identifying Defendant’s

14 Health Plan retirement account. Misc. ECF No. 9. The Answer states that Defendant maintains a
15 retirement account with an approximate value of $4,663.65 (subject to day-to-day financial market
16 fluctuations). Great West served copies of its Answer on both the Defendant and her spouse on
17 December 11, 2014. Id.
18

6.

Defendant does not oppose this garnishment. Her spouse had twenty (20) days from the

19 date he received the writ package to claim exemptions or request a hearing in opposition to this
20 proceeding. 28 U.S.C. ' 3202(d). He did not and that time has now expired. Defendant’s spouse also
21 had 20 days from the date Great-West filed and served its Answer to object thereto and request a
22 hearing. 28 U.S.C. ' 3205(c)(5). He did not, and that time has also now lapsed.
7.

23

All conditions to the issuance of a final order of garnishment are satisfied and,

24 accordingly, the Court can and should order the garnishment of Defendant’s entire Health Plan account
25 be made payable to the Clerk of the United States District Court for payment to Defendant’s victims.
26 ///
27 ///
28

2
Application for Garnishment Order;
and Order

1

8.

Upon the Clerk of the Court’s receipt of payment, the United States further requests that

2 the writ of garnishment be terminated pursuant to 28 U.S.C. ' 3205(c)(10)(B).
3

Respectfully submitted,

4

BENJAMIN B. WAGNER
United States Attorney

5
6 Dated: July 10, 2015
7

By:

/s/ Kurt A. Didier
KURT A. DIDIER
Assistant United States Attorney

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
Application for Garnishment Order;
and Order

ORDER

1
2

The Court, having reviewed the court files and the United States’ Unopposed Application for a

3 Final Order of Garnishment (the Application), and finding good cause therefrom, hereby GRANTS the
4 Application.
5

ACCORDINGLY, the Court hereby ORDERS, ADJUDGES and DECREES as follows:

6

1.

Defendant Shanika Brewer’s Health Plan of San Joaquin retirement account is

7 GARNISHED in its entirety (the Garnished Amount);
8

2.

Garnishee Great-West Financial shall DELIVER, within fifteen (15) days of the date of this

9 Order, a cashier’s check or money order for the Garnished Amount and made payable to the “Clerk of the
10 Court” at the Office of the Clerk, United States District Court, Eastern District of California, 501 I Street,
11 Suite 4-200, Sacramento, California 95814. Great-West shall also state the docket number (Case No.:
12 2:14-CR-00025-MCE) on the payment instrument and, if it desires a payment receipt, shall include a self13 addressed, stamped envelope with the payment; and
14

3.

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

15 Amount as ordered above, this writ shall TERMINATE pursuant to 28 U.S.C. § 3205(c)(10)(B).
16 IT IS SO ORDERED.
17 DATED: July 30, 2015.
18
19
20
21
22
23
24
25
26
27
28

4
Application for Garnishment Order;
and Order