United States of America v. Verkler et al
Filing
9
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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?