United States of America v. Ibianski

Filing 16

ORDER denying 15 Motion for order directing garnishee to pay portion of monthly pension benefits.. Signed by District Judge David M. Lawson. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
Case Number 08-51116
Honorable David M. Lawson

v.
WILLIAM IBIANSKI,
Defendant,
v.
THYSSENKRUPP MATERIALS NA,
INCORPORATED PENSION PLAN
COMMITTEE,
Garnishee.
______________________________________ /

ORDER DENYING NON-PARTY VICTIM’S MOTION TO DIRECT
GARNISHEE TO PAY PORTION OF MONTHLY PENSION BENEFITS
This matter is before the Court on ThyssenKrupp Materials NA, Inc.’s (ThyssenKrupp)
motion to direct the garnishee to pay twenty-five percent of the defendant’s monthly pension
benefits to ThyssenKrupp in partial satisfaction of the defendant’s court-ordered restitution. William
Ibianski pleaded guilty to embezzling from his former employer, Copper and Brass Sales, Inc., and
was ordered to pay $244,248.29 in restitution to Copper and Brass Sales, Inc. United States v.
Ibianski, No. 07-20632 (Oct. 23, 2008) (judgment). He was also ordered to pay $871,854.44 in
restitution to Zurich American Insurance Company. There has been no response to ThyssenKrupp’s
motion filed, and the time for doing so has elapsed. After due consideration, the Court will deny the
motion. ThyssenKrupp is not one of the two victims in the judgment and commitment, and the

Court may not order payment of restitution to non-victims of the offense of conviction. United
States v. Wolf, 90 F.3d 191, 194 (7th Cir. 1996).
Accordingly, it is ORDERED that ThyssenKrupp Materials NA, Inc.’s motion to direct
garnishee to pay portion of monthly pension benefits [dkt. # 15] is DENIED.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: May 26, 2011
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on May 26, 2011.
s/Deborah R. Tofil
DEBORAH R. TOFIL

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