USA v. Zinnel, No. 2:2021mc00098 - Document 137 (E.D. Cal. 2022)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/13/2022 Recommending that the United States' 135 Request for Findings and Recommendations for Final Order of Garnishment be Granted in its entirety Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Coll, A)
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USA v. Zinnel Doc. 137 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, Plaintiff, 12 v. 13 14 STEVEN ZINNEL, 15 Case No. 2:21-mc-00098 TLN AC [PROPOSED] FINDINGS AND RECOMMENDATIONS FOR FINAL ORDER OF GARNISHMENT Criminal Case No. 2:11-cr-00234-TLN Debtor. 16 17 18 TD AMERITRADE CLEARING, INC., (and its Successors and Assignees) 19 Garnishee. 20 21 The Court, having reviewed its files and the United States of America’s Request for Findings and 22 Recommendations for Final Order of Garnishment, and good cause appearing, hereby recommends that 23 the Court enter a Final Order of Garnishment. 24 Accordingly, IT IS RECOMMENDED that: 25 1. The United States’ Request for Findings and Recommendations for Final Order of 26 Garnishment be GRANTED in its entirety; 27 /// 28 /// [PROPOSED] FINDINGS AND RECOMMENDATIONS FOR FINAL ORDER OF GARNISHMENT 1 Dockets.Justia.com 2. 1 TD Ameritrade Clearing, Inc. (“Garnishee”) be directed to pay the Clerk of the United 2 States District Court $1,013,056.06 of the funds held by Garnishee in which Debtor has an interest 3 within fifteen (15) days of the filing of the Final Order of Garnishment. Payment shall be made in the 4 form of a cashier’s check, money order, or company draft, made payable to the “Clerk of the Court”, and 5 delivered to: 6 Office of the Clerk 501 I St., Rm. 4-200 Sacramento, CA 95814 7 8 The criminal docket number (2:11-cr-00234-TLN) shall be stated on the payment instrument; 3. 9 The United States recover a $150,000.00 litigation surcharge after satisfaction of the 10 $1,013,056.06 is paid to the United States. 4. 11 Garnishee be directed to pay the $150,000.00 litigation surcharge to the United States 12 Department of Justice via a single payment within fifteen (15) days of the filing of the Final Order of 13 Garnishment and send the payment in the form of a cashier’s check, money order, or company draft 14 made payable to “United States Department of Justice” and delivered to: 15 U.S. Department of Justice Nationwide Central Intake Facility P.O. Box 790363 St. Louis, MO 63179-0363 16 17 18 “CDCS Number 2015A03982” shall be stated on the face of the payment instrument; 5. 19 Garnishee be directed to hold any remaining funds after full payment of $1,163,056.06 20 has been made to the United States pending further order of this Court; 6. 21 Debtor be directed to submit a stipulation and proposed order signed by Debtor and 22 David Zinnel for the disposition of any remaining funds after full payment of $1,163,056.06 has been 23 made to the United States; 7. 24 The Court shall retain jurisdiction to resolve matters through ancillary proceedings in the 25 case, if necessary; and 8. 26 The garnishment shall terminate when Garnishee has paid the $1,163,056.06 to the 27 United States as directed in paragraphs 2-4 above. 28 /// [PROPOSED] FINDINGS AND RECOMMENDATIONS FOR FINAL ORDER OF GARNISHMENT 2 1 These findings and recommendations are submitted to the United States District Judge assigned 2 to the case pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days, after being 3 served with these findings and recommendations, any party may file written objections with the court 4 and serve a copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s 5 Findings and Recommendations.” Failure to file objections within the specified time may waive the 6 right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9thCir. 1998); Martinez 7 v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 8 9 Dated: June 13, 2022 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] FINDINGS AND RECOMMENDATIONS FOR FINAL ORDER OF GARNISHMENT 3
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