United States of America v. Chapman

Filing 7

ORDER re 1 Request for Writ of Garnishment, Signed by District Judge Laurie J. Michelson. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,

Case No. 19-mc-50473
Honorable Laurie J. Michelson

v.
LOLITA VENCHELLE CHAPMAN,
Defendant,
and
STATE OF MICHIGAN
DEPARTMENT OF TREASURY
Garnishee.
ORDER ON APPLICATION FOR WRIT OF GARNISHMENT [1]
In the underlying criminal action, Lolita Chapman pled guilty, pursuant to a Rule 11 Plea
Agreement, to one count of conspiracy to commit bank robbery in violation of 18 U.S.C. § 371.
On July 17, 2018, she was sentenced to 37 months imprisonment and ordered to pay $47,635 in
restitution to a number of banks – jointly and severally with several co-conspirators. Prior to her
release from prison, and “In an attempt to secure payment of the outstanding restitution
obligation, the United States obtained a writ of garnishment for the defendant’s future State of
Michigan income tax refunds.” (ECF No. 5, PageID.26).
Chapman then filed a Request for Hearing for the following reason: “I am in the financial
responsibility program which I am paying restitution and my restitution is supposed to be split
between my co-defendants.” (ECF No. 4, PageID.19.) She also claimed the following asset

exemptions: wearing apparel and school books, fuel, provisions, furniture and personal affects,
and undelivered mail. (Id.)
The Court held a telephonic hearing on May 30, 2019. It heard from the parties and
explained to Chapman the scope and effect of the writ of garnishment. For the reasons stated
more fully on the record during the hearing, the relief requested by Lolita Chapman is DENIED.
The Garnishee shall withhold income tax refunds and/or lottery winnings that may become due
and payable to Chapman and remit those funds to the Clerk of the Court for application against
the judgment in case number 2:16CR20204-04. This should not impact Chapman’s ability to
continue with the RDAP program.
IT IS SO ORDERED.
s/Laurie J. Michelson
LAURIE J. MICHELSON
UNITED STATES DISTRICT JUDGE
Date: June 17, 2019
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was served upon counsel of record
and/or pro se parties on this date, June 17, 2019, using the Electronic Court Filing system and/or
first-class U.S. mail.
s/William Barkholz
Case Manager

2