United States of America v. Canales

Filing 5

FINAL ORDER/JUDGMENT in favor of United States of America against Carlos Canales, and Order of Continuing WRIT of Garnishment. Signed by District Judge Martin Reidinger on 12/10/2013. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 2:13-cv-00035-MR-DLH

UNITED STATES OF AMERICA,
Plaintiff,
FINAL ORDER AND ORDER OF
CONTINUING GARNISHMENT

vs.
CARLOS CANALES,
Defendant.

THIS MATTER is before the Court on a consent motion by all parties
for entry of a Final Order and Judgment [Doc. 4].

The United States of

America (“United States”) filed this action against Carlos Canales
(“Defendant”) seeking costs, treble damages, and civil penalties pursuant
to the False Claims Act, 31 U.S.C. § 3729 et seq.
The parties hereto have settled all claims and issues in this matter
and have requested the Court to enter Final Order and Judgment in
accordance with the stipulations and agreements in their Joint Motion. All
parties to this action consent to the entry of this Final Order and Order of
Continuing Garnishment, waive any further findings of fact or conclusions
of law other than those set forth herein, waive all rights of appeal from this
Final Order and Order of Continuing Garnishment and the Judgment in this

case, and agree each to bear their own costs and attorneys’ fees related to
this action.
WHEREFORE, upon the consent of the parties, IT IS HEREBY
ORDERED, JUDGED, AND DECREED that:
1.

The Court finds that Defendant admits only proper service of
the Complaint and summons and the jurisdiction of this Court in
this matter and neither admits nor denies any other allegation of
the Complaint. The stipulations and agreements in the Joint
Motion filed by the parties, the entry of this Final Order, the
Judgment in this case, and any act performed in compliance
with the terms of such Final Order or Judgment shall not
constitute or be construed as an admission by Defendant of a
violation of any law, regulation, or policy.

2.

The Court further finds that Defendant waives service of an
application for a writ of continuing garnishment as required by 28
U.S.C. § 3205, and further waives his right to a hearing under
said statute and any other process to which Defendant may be
entitled under 28 U.S.C. § 3205, and further waives his right to a
hearing under said statute and any other process to which
Defendant may be entitled under 28 U.S.C. § 3001, et seq.
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3.

Judgment shall be entered in favor of the United States, and
Defendant shall pay to the United States Five Thousand Three
Hundred and Ninety-Two Dollars and Thirty-Nine Cents
($5,392.39).

4.

An Order of Continuing Garnishment is hereby entered in the
amount of $5,392.39, which attaches to each per capita
distribution to Defendant of gaming revenues received by the
Eastern Band of Cherokee Indians.

5.

Garnishment shall be made as follows: from the first per capita
distribution occurring after the entry of this Order a payment of
Two Thousand Six Hundred and Ninety-Six Dollars and ThirtyNine Cents ($2,696.39), and from the second per capita
distribution occurring after the entry of this Order a payment of
Two Thousand Six Hundred and Ninety-Six Dollars ($2,696.00).
Garnishment will continue until $5,392.39 is paid to the United
States or until the garnishee no longer has custody, possession
or control of any property belonging to Defendant or until further
Order of this Court. See 15 U.S.C. § 1673(a).

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6.

Payments shall be made payable to the United States
Department of Justice, referencing CDCS # 2014A08411, and
delivered to:
United States Attorney
Financial Litigation Unit
Suite 1650, Carillon Building
227 West Trade Street
Charlotte, NC 28202

7.

The amount paid pursuant to the order or judgment in this case
cannot be discharged in bankruptcy.

See 11 U.S.C. §

523(a)(7).
8.

The Clerk is directed to enter a judgment in favor of the United
States consistent with this Final Order.

IT IS SO ORDERED.
Signed: December 10, 2013

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