United States of America v. Richmond

Filing 25

AGREED FINAL ORDER in Garnishment (Bell Techlogic, Inc.). Signed by Chief Judge Geoffrey W. Crawford on 4/21/2022. (law)

Case 5:14-mc-00007-gwc Document 25 Filed 04/21/22 Page 1 of 4

U.S. Oi&lHICT COURT
DISTRICT 6F VERMONT
F"ILE0

2022 APft 2 I AH II: 20
UNlTED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
UNITED STATES OF AMERICA,
Plaintiff,
Misc. No. 5:14-MC-7

V.

SCOTT A. RICHMOND,

Related to Docket No. l:08-CR-77-1

Defendant,
and
BELL TECHLOGIX, INC., and its successors
or assigns,
Garnishee.

AGREED FINAL ORDER IN GARNISHMENT
The United States of America, by its attorney, Nikolas P. Kerest, United States Attorney
for the District of Vermont, the Defendant, Scott Richmond ("Defendant"), and the Garnishee,

Bell Techlogix, Inc. ("Garnishee"), (collectively, the "Parties11 ), agree and stipulate as follows:
1. The Defendant's name is Scott Richmond and the defendant's last known address is:

Bennington, Vermont.
2. A Judgment was entered against the Defendant in the previous action (Docket No. I :08CR-77-1) in the amountof$367,000.50. The total balance due on the Judgment is $316,334.48 as
of March 17, 2022. No interest is accruing.
3. The Garnishee has in its possession, custody or control, property of the Defendant in

the form of wages.

Case 5:14-mc-00007-gwc Document 25 Filed 04/21/22 Page 2 of 4

4. On November 29, 2021, the United States filed an Application for a Writ of Continuing
Garnishment, seeking to garnish twenty-five percent (25%) of the Defendant's disposable income,
as pennitted by 15 U.S.C. § 1673(a). The Clerk issued a Writ of Continuing Garnishment on
November 29, 2021.
5.

In response to the Writ of Continuing Garnishment, the Defendant's employer

(Garnishee) filed an Answer, dated December 28, 2021, establishing that "Defendant's average
disposable earnings are $1,960.87 per biweekly." The Defendant previously filed his Request for
Heming on December 27, 2021.
6. The Defendant agrees and stipulates that he is subject to garnishment under 28 U.S.C.
§ 3205, and expressly agrees and stipulates that the entry of a Final Order in Garnishment is proper.

7. All conditions necessary to the issuance of a Final Order in Garnishment against the
non-exempt earnings of the Defendant are, thus, fully satisfied.
8. Accordingly, the Parties agree and stipulate to the entry of a Final Order in Garnishment

against the non-exempt wages of the Defendant. It is expressly agreed and stipulated to by the
Parties that the Garnishee shall pay into the hands of the United States Attorney fifteen percent
(15%) of the Defendant's disposable earnings per pay period. See 15 U.S.C. § 1673(a).

To calculate disposable earnings, subtract the following from gross wages, commissions,
and income:
1.
2.
3.

4.

Federal Income Tax
Federal Social Security Tax
Medicare Tax
State Tax

2

Case 5:14-mc-00007-gwc Document 25 Filed 04/21/22 Page 3 of 4

9. The Parties further agree and stipulate that these sums are to be applied to the Judgment
rendered in the previous cause upon which there is an unpaid balance of $316,334.48, as of March
14, 2022. These deductions are to continue until the unpaid balance (including interest, if any) is

fully paid and satisfied.
1O. Checks should be made payable to:

Clerk, U.S. District Court
and mailed to:
Clerk, U.S. District Court
P.O. Box 945

Burlington, VT 05402-0945
11. It is further agreed that the amounts withheld by Garnishee up to this date shall be

mailed to the Clerk, U.S. District CoUlt to be applied to the restitution debt. Any amounts currently
held by the Clerk of the U.S. District Court shall also be retained and applied to the restitution
debt.
Dated at Burlington, in the District of Vermont, this_ day of _ _ _ _ __. 2022.
UNITED STATES OF AMERICA
NIKOLAS P. KEREST

By:

3

United States Attomey
Digitally signed by
JOCELYN
JOCELYN KOCH
Date: 2022.04.20
KOCH
15:11:13-04'00'
JOCELYNL. KOCH

Case 5:14-mc-00007-gwc Document 25 Filed 04/21/22 Page 4 of 4

Garnishee
Attn: Payroll Depruiment
4400 West 96th Street
Indianapolis, TN 46268

APPROVED AND SO ORDERED in the District of Vermont, this
day of ___ ryJ,.__,_...;::·
~_,
'-'Ir-----'' 2022.

~

GEOFFREY W. CRAWFORD
Chief, U.S. District Comt Judge

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