United States of America v. Verkler et al - Document 9

Court Description:

ORDER that Garnishee pay the entire sum of the TOD Beneficiary Account to the United States, up to $173,982.82, the amount presently owing by the Defendant under the Restitution Order in United States v. Verkler, CR 00-5669FDB. This amount shall include all monies previously withheld by the Garnishee, in accordance with the Writ of Garnishment. Signed by Judge Benjamin H Settle.(CMG; 2 cc to US of order & motion)

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The Honorable Benjamin H. Settle 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 UNITED STATES OF AMERICA, 9 10 11 12 13 14 15 16 17 18 ) ) Plaintiff, ) ) v. ) ) GEORGE EARL VERKLER, AKA, ) Kenneth Phillip Goff, TOD Beneficiary ) ) Defendant ) ) ) and ) ) INVESCO INVESTMENT SERVICES, ) INC., ) Garnishee. ) _____________________________________) No. MC10-5031BHS (CR00-5731RBL) GARNISHEE ORDER A Writ of Garnishment, directed to Garnishee, has been duly issued and served upon the 19 Garnishee. Pursuant to the Writ of Garnishment, the Garnishee filed an Answer on or about 20 February 9, 2011, establishing that at the time of the service of the Writ, it had in its possession or 21 under its control a Transfer on Death (“TOD”) Beneficiary Account, which account has been 22 identified as Account No. XXXX1870. Court Docket at 5 and 6. According to the Garnishee, the 23 beneficiary under the Account is Kenneth Phillip Goth. 24 Pursuant to all available information, this account was opened by Defendant George Earl 25 Verkler listing his alias, Kenneth Phillip Goth as the beneficiary. The Court has been informed that 26 the listed alleged owners of the Account have not claimed an interest in this TOD Beneficiary 27 Account and in fact their names were fraudulently used in yet another account opened by the 28 Defendant and as established in United States v. Verkler, CR 00-5669FDB, United States District [Proposed] GARNISHEE ORDER - 1 UNITED STATES ATTORNEY 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 1 Court for the Western District of Washington (April 26, 2001) and the ensuing Judgments for 2 Forfeiture, Court Docket at 90, therein. 3 4 5 Based on this information, the Garnishee is indebted to the Judgment Debtor George Earl Verkler for the entire amount of monies in the TOD Beneficiary Account. On January 21, 2011, the United States Attorney’s Office attempted to notify the Judgment 6 Debtor of his right to a hearing by sending relevant garnishment documents using both First Class 7 Mail and Certified Mail/Return Receipt Requested to the last known address for Defendant George 8 Earl Verkler. Court Docket at 4. Both document packages were returned to the United States 9 Attorney’s Office unopened and marked ‘Not Deliverable As Addressed / Unable to Forward. See 10 Declaration of Dawn Fernandez at page 2, lines 21-22. 11 No further action is required of the United States Attorney’s Office. 12 IT IS THEREFORE ORDERED that Garnishee pay the entire sum of the TOD Beneficiary 13 Account to the United States, up to $ 173,982.82, the amount presently owing by the Defendant 14 under the Restitution Order in United States v. Verkler, CR 00-5669FDB. This amount shall 15 include all monies previously withheld by the Garnishee, in accordance with the Writ of 16 Garnishment. 17 DATED this 17th day of May, 2011. 18 19 BENJAMIN H. SETTLE United States District Judge 20 21 22 23 24 A Presented by: s/Anastasia D. Bartlett ANASTASIA D. BARTLETT, WSBA #7142 Assistant United States Attorney 25 26 27 28 [Proposed] GARNISHEE ORDER - 2 UNITED STATES ATTORNEY 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271