United States of America v. Dyson et al

Filing 17

ORDER granting plaintiff's 7 Motion to issue continuing garnishee order ; removing dft Dyson's 15 Motion to Withdraw Document by Judge Ricardo S Martinez.(RS) cc Dyson, fin'l

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.
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RICHARD ALAN DYSON,
Defendant/Judgment Debtor,

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and
THE BOEING COMPANY,

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Garnishee.
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CASE NO. C16-1715 RSM
(Previously 2:16-MC-00054-RSL)
ORDER GRANTING MOTION TO ISSUE
CONTINUING GARNISHEE ORDER

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This matter comes before the Court on Plaintiff United States of America’s Motion to
Issue Continuing Garnishee Order. Dkt. #7.

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On April 28, 2016, the Government filed an Application for Writ of Continuing

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Garnishment against Defendant Richard Alan Dyson to enforce the judgment entered in United

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States v. Richard Alan Dyson, Case No. 2:15-CR-0027-001. Dkt. #1. The Government argued
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that garnishee The Boeing Company owes or will owe money to Mr. Dyson as part of a

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retirement account. See id.; Dkt. #7. On May 19, 2016, this Court issued the requested Writ of

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Continuing Garnishment. Dkt. #2. On September 14, 2016, Boeing submitted a Form Answer

ORDER GRANTING MOTION TO ISSUE CONTINUING GARNISHEE ORDER - 1

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indicating that Defendant will receive retirement benefits in the amount of $109.74 per month

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at age 63 and $124.71 at age 65. Dkt. #6 at 3. On October 25, 2016, the Government filed the

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instant Motion requesting that the Court direct Boeing to pay the entire amount, less tax

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withholding, of Mr. Dyson’s non-exempt property from any and all accounts in Boeing’s

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possession, custody, or control as soon as Mr. Dyson becomes eligible to withdraw or receive
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payment, and the non-exempt portion of every monthly retirement payment. Dkt #7 at 2. This

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Motion was noted for consideration on November 11, 2016. On November 3, 2016, Defendant

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filed a handwritten letter indicating that he was detained in a federal facility with a release date

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of January 9, 2017. Dkt. #9 at 1. Mr. Dyson requested that “this hearing” be rescheduled for

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April of 2017 so that he can retain an attorney “to properly represent Richard A. Dyson’s due
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process rights.” Dkt. #9 at 2. On November 4, 2016, this case, originally assigned to the

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Honorable Robert L. Lasnik, was assigned civil case number 16-cv-1715-RSM and reassigned

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to the Honorable Ricardo S. Martinez. See Docket.

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On November 15, 2016, the Court issued an Order to Show Cause directing both the
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Government and Defendant Richard Alan Dyson to respond. Dkt. #10. The Government

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proposed this Motion be renoted for April 7, 2017, thus allowing Mr. Dyson or his lawyer until

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Monday, April 3, 2017 to file a Response brief. Dkt. #12-1. The Court agreed and renoted this

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Motion. Dkt. #14.

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On April 3, 2017, Mr. Dyson filed a “Motion to Withdraw His Objection(s) to
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Garnishment on Condition(s).” Dkt. #15. Mr. Dyson states that he was unable to retain

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counsel, but “has come to the conclusion that this form of repayment of his ordered restitution

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will prove to be adequate and convenient for the defendant and the Social Security

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Administration at the same time satisfying the government’s request in judgment.” Id. at 2.

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ORDER GRANTING MOTION TO ISSUE CONTINUING GARNISHEE ORDER - 2

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However, Mr. Dyson attempts to submit a “condition” for his motion to withdraw objections,

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specifically that the Government agree it “will not seek any further portion(s) of the

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defendant’s living expenses or future wages unless they exceed $2,500.00 per month at which

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time the defendant will agree to a review…” Id. at 2-3. Mr. Dyson submits this condition

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based on financial hardship. Id.
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On April 6, 2017, the Government filed a “Reply” arguing that Mr. Dyson’s Motion

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should be considered a Response to the instant Motion to Issue Continuing Garnishee Order.

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Dkt. #16 at 1. The Government argues that financial hardship is not a valid objection to

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garnishment. Id. at 2 (citing 28 U.S.C. § 3202(d)(1)-(2); United States v. Lawrence, 538 F.

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Supp. 2d 1188, 1194 (D.S.D. 2008); United States v. Skeins, No. C14-1457-JLR, 2014 WL
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5324880 at *3 (W.D. Wash. Oct. 17, 2014)). The Government details other available methods

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to recoup the funds Mr. Dyson owes in restitution. Id. at 3. The Government argues Mr.

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Dyson offers no authority supporting his “request to strip the United States of its ability to

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collect via the Treasury Offset Program, the Social Security Administration’s recoupment
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regulations, or any other legally authorized method.” Id. at 4.

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As an initial matter, the Court will consider Mr. Dyson’s April 3, 2017, “Motion to

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Withdraw Objections” as a Response to the instant Motion to Issue Continuing Garnishee

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Order given the procedural background of this case. Mr. Dyson’s Response was due on April

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3, 2017, and Mr. Dyson’s Motion effectively is a Response. Turning to the substance of the
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instant Motion, the Court concludes that the Government’s proposed Continuing Garnishee

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Order should be entered as drafted without Mr. Dyson’s proposed condition. Mr. Dyson fails

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to convince the Court that he has any legal authority for requesting his proposed condition.

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IT IS THEREFORE ORDERED as follows:

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ORDER GRANTING MOTION TO ISSUE CONTINUING GARNISHEE ORDER - 3

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(1) The Government’s Motion to Issue Continuing Garnishee Order (Dkt. #7) is

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GRANTED. The Garnishee, The Boeing Company, shall pay to the United States

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District Court for the Western District of Washington, all non-exempt property

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within the Garnishee’s possession, custody, or control, in which the Defendant

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maintains an interest and meets the requirements to withdraw, to be applied towards
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the Defendant/Judgment Debtor’s criminal restitution judgment. Such amounts will

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include the non-exempt portion of Mr. Dyson’s monthly Boeing Company

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Employee Defined Benefit Retirement Plan benefits (less federal tax withholdings

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paid to the Internal Revenue Service), when he becomes eligible to receive his

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retirement benefits from The Boeing Company;
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such payments shall be applied to Defendant/Judgment Debtor Dyson’s outstanding

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obligation, by the United States District Court for the Western District of

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Washington; and

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the payments shall be made payable to the United States District Court, Western
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District of Washington, referencing Case Nos. 2:15-CR-00027-001 and 2:16-MC00054-RSL, and delivered either personally or by First Class Mail to:
United States District Court, Western District of Washington
Attn: Financial Clerk – Lobby Level
700 Stewart Street
Seattle, Washington 98101
(2) Defendant Dyson’s Motion to Withdraw Objections (Dkt. #15) is considered a
Response and will be REMOVED from the Court’s Motion Calendar.

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(3) The Clerk shall send a copy of this Order to Defendant at:
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Richard Alan Dyson
4311 South 321st Street
Auburn, WA 98001

ORDER GRANTING MOTION TO ISSUE CONTINUING GARNISHEE ORDER - 4

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DATED this 10 day of April, 2017.

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A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER GRANTING MOTION TO ISSUE CONTINUING GARNISHEE ORDER - 5