United States of America v. Johnson et al
Filing
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ORDER granting 17 Motion for a continuing garnishment for non-wages from CALSTRS. Signed by Judge Ronald B. Leighton.(CMG; cc to Defendant/Judgment Debtor)
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THE HONORABLE RONALD B. LEIGHTON
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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UNITED STATES OF AMERICA,
Plaintiff,
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v.
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(CR09-5703-RBL-2)
LAWANDA JOHNSON,
Defendant/Judgment Debtor,
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ORDER FOR A CONTINUING
GARNISHMENT FOR NONWAGES
and
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NO. MC12-5028-RBL
CALSTRS,
Garnishee.
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A Writ of Continuing Garnishment, directed to Garnishee, CALSTRS, has been duly
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issued and served upon the Garnishee. Pursuant to the Writ of Continuing Garnishment, the
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Garnishee filed an Answer on or about July 23, 2012, stating that at the time of service of the
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Writ it had in its possession, custody or control personal property belonging to and due the
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Defendant/Judgment Debtor, Lawanda Johnson, and that Garnishee was indebted to the
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Defendant/Judgment Debtor. The interest is comprised of an account under the “Public
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Employee Pension, CA Education Code Section 22000 et seq.”
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//
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ORDER FOR A GARNISHEE ORDER FOR CONTINUING
GARNISHMENT FOR NON-WAGES
(USA v. Johnson & CALSTRS, USDC#: MC12-5028-RBL/ CR09-5703-RBL-2) - 1
UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
SEATTLE, WA 98101
PHONE: 206-553-7970
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On or about June 20, 2012, the United States Attorney’s Office mailed to the
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Defendant/Judgment Debtor Lawanda Johnson at her last known address, by Certified
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Mail/Return Receipt Requested and First Class Mail, the following documents:
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1. Application for Writ of Continuing Garnishment;
2. Order to Issue a Writ of Continuing Garnishment;
3. Writ of Continuing Garnishment;
4. Notice to Judgment Debtor from Clerk, United States District Court, with Request
for Hearing Form; Notice to Defendant Debtor on How to Claim Exemptions Form; and
Claim for Exemption Form; and
5. United States Attorney’s Office Notice to Judgment Debtor of Garnishment, with
Instructions to File an Objection to Garnishee’s Answer and Request for Hearing
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Docket at 5.
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The Defendant/Judgment Debtor Johnson, on July 3, 2012, filed a Motion to Vacate
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Order, Request for Hearing and Request for Transportation to Seattle. Docket at 6. The United
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States filed its “Response to Defendant/Judgment Debtor Lawanda Johnson’s Motion to Vacate
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and Motion for Hearing” on August 24, 2012. Docket at 11. Thereafter, the
Defendant/Judgment Debtor Johnson filed three further pleadings. Docket at 13, 14, and 15.
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On October 12, 2012, this Court after having given due consideration to the entirety of
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the file and record, issued an Order denying Defendant/Judgment Debtor Lawanda Johnson’s
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Motion to Vacate and denying Defendant’s Motion for Hearing. Docket at 16.
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The Defendant/Judgment Debtor Lawanda Johnson was sentenced in United States v.
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Lawanda Johnson., CR09-5703-RBL-2, United States District Court for the Western District of
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Washington (March 29, 2012), to pay a Special Assessment of $3,000.00 and $1,227,746.34 in
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Restitution. The remaining balance is $1,230,721.34. The restitution was entered in the
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Judgment in a Criminal Case, pursuant to the Mandatory Victims Restitution Act (“MVRA”),
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18 U.S.C. Section 3663 et. seq.
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//
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ORDER FOR A GARNISHEE ORDER FOR CONTINUING
GARNISHMENT FOR NON-WAGES
(USA v. Johnson & CALSTRS, USDC#: MC12-5028-RBL/ CR09-5703-RBL-2) - 2
UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
SEATTLE, WA 98101
PHONE: 206-553-7970
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IT IS THEREFORE ORDERED as follows.
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That the Judgment in a Criminal Case entered against Defendant Lawanda Johnson is a
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“judgment” under the Federal Debt Collection Procedures Act (“FDCPA”), creating a debt in
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behalf of the United States. See 28 U.S.C. Section 3002(8). The process and procedures of the
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FDCPA are applicable, including 28 U.S.C. Section 3205, Garnishment. U. S. v. Mays, 430
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F.3d 963, 965 (9th Cir. 2005) (holding that the FDCPA’s civil procedures for recovery may be
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applied to enforce restitution judgments under the MVRA).
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That the restitution ordered pursuant to the criminal judgment in United States v.
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Lawanda Johnson, CR09-5703-RBL-2, United States District Court for the Western District of
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Washington (March 29, 2012), is a lien under 18 U.S.C. Section 3616(c) and (f), on
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Defendant/Judgment Debtor Johnson’s interest in the “Public Employee Pension, CA
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Education Code Section 22000 et seq.,” and that Defendant/Judgment Debtor Johnson is
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restricted from taking loans against or otherwise encumbering the account in any manner that
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will adversely impact the amount, herein ordered to be garnished.
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That the Garnishee immediately begin paying the non-exempt proceeds, on a monthly
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basis or at the time when the Defendant/Debtor Lawanda Johnson is entitled to such proceeds,
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from the “Public Employee Pension, CA Education Code Section 22000 et seq.,” that the
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Defendant/Judgment Debtor has an interest in, to the United States District Court, Western
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District of Washington, as directed herein, and until the debt of the Defendant/Judgment Debtor
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Lawanda Johnson is paid in full or until the Garnishee no longer has possession, custody or
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control, of any personal property belonging to the Defendant/Judgment Debtor or until further
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order of this Court. This is inclusive of all monies previously withheld by the Garnishee, in
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accordance with the Writ of Continuing Garnishment; and
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ORDER FOR A GARNISHEE ORDER FOR CONTINUING
GARNISHMENT FOR NON-WAGES
(USA v. Johnson & CALSTRS, USDC#: MC12-5028-RBL/ CR09-5703-RBL-2) - 3
UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
SEATTLE, WA 98101
PHONE: 206-553-7970
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That the Garnishee withhold and pay to the United States District Court for the Western
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District of Washington such proceeds from the “Public Employee Pension, CA Education Code
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Section 22000 et seq.,” that the Defendant/Judgment Debtor has a substantial nonexempt
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interest, in accordance with the limitations set forth in 15 U.S.C. Section 1673(a), the
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Consumer Credit Protection Act. 15 U.S.C. Section 1673(a) specifies that the Garnishee shall
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withhold and retain the lesser of:
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1. Twenty-five percent (25%) of his [a judgment defendant's] disposable
earnings for that week, or
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2. The amount by which his [judgment defendant] disposable earnings
for that week exceed thirty times the federal minimum hourly wage... in
effect at the time the earnings are payable.
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In the case of earnings for any pay period other than a week, the Secretary of
Labor shall by regulation prescribe a multiple of the Fair minimum hourly wage
equivalent in effect to that set forth in paragraph (2)..
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15 U.S.C. Section 1672(b) defines "disposable earnings" as "that part of the earnings of any
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individual remaining after the deduction from those earnings of any amounts required by law to
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be withheld." To calculate disposable earnings the following are examples of categories of
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possible deductions that may be required to be subtracted from wages, commissions, and
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income:
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1.Federal Income Tax;
2.Federal Social Security Tax;
3.State Income Tax (if any);
4.County Tax (if any); and
That the payment(s) shall be made out to the United States District Court, Western
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District of Washington, referencing Case No. MC12-5028-RBL and CR09-5703-2, and
delivered either personally or by First Class Mail to:
United States District Court
Western District of Washington
ORDER FOR A GARNISHEE ORDER FOR CONTINUING
GARNISHMENT FOR NON-WAGES
(USA v. Johnson & CALSTRS, USDC#: MC12-5028-RBL/ CR09-5703-RBL-2) - 4
UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
SEATTLE, WA 98101
PHONE: 206-553-7970
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Attn: Financial Clerk- Lobby Level
700 Stewart Street
Seattle, Washington 98101
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That such payments shall be applied to the Defendant/Judgment Debtor Lawanda
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Johnson’s outstanding criminal monetary obligation, by the United States District Court for the
Western District of Washington.
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IT IS SO ORDERED this 15th day of November, 2012.
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A
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Ronald B. Leighton
United States District Judge
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Presented by:
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/s/Anastasia D. Bartlett
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ANASTASIA D. BARTLETT, WSBA #7142
Assistant United States Attorney
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ORDER FOR A GARNISHEE ORDER FOR CONTINUING
GARNISHMENT FOR NON-WAGES
(USA v. Johnson & CALSTRS, USDC#: MC12-5028-RBL/ CR09-5703-RBL-2) - 5
UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
SEATTLE, WA 98101
PHONE: 206-553-7970
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