United States of America v. Odimegwu, et al

Justia Dockets & Filings Second Circuit New York Northern District United States of America v. Odimegwu, et al

United States of America v. Odimegwu, et al

Case Number:	1:2023cv00340
Filed:	August 8, 2023
Court:	US District Court for the Northern District of New York
Office:	Albany Office
Nature of Suit:	Forfeit/Penalty: Other
Cause of Action:	28 U.S.C. § 3205 Garnishment

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Date Filed	Document Text
October 20, 2023	Filing 22 FINAL ORDER OF GARNISHMENT: IT IS ORDERED that the Garnishee, The Vanguard Group, Inc., shall liquidate securities and all property or funds of the defendant in which he has an ownership interest, including, but not limited to, any new property of wh ich the Garnishee obtains custody, control, or possession while this Writ is in effect, within 15 days from the date of this order. See 28 U.S.C. § 3205(c)(2)(F). The Garnishee shall only liquidate funds as needed to pay the full value of restitution owed in the amount of $196,245.04, and further liquidate funds as needed to pay any deductions required by law, with no withdrawal penalty, to the Clerk of the Court. Signed by Senior Judge Thomas J. McAvoy on 10/17/2023. (jmb)
August 8, 2023	Filing 19 DECISION & ORDER: It is ORDERED that the # 18 Report-Recommendation of Judge Andrew T. Baxter, is hereby ACCEPTED and ADOPTED. The objections of Defendant Anthony I. Odimegwu and Third-Party Defendant Ebelechukwu Odimegwu to the governments writ of garnishment directed at property of Defendant held by the Vanguard Group, Inc., dkt. #'s 11 and 12 , are hereby OVERRULED. Defendants and Third-Party Defendants requests for a hearing dkt. #'s 11 and 12 , are hereby DENIED. The Unite d States is hereby DIRECTED to submit a proposed Order of Garnishment. The government should be prepared to address the impact of any excess value of defendants retirement account over his outstanding restitution balance, any limitations on the defen dants ability to make withdrawals from his retirement account, and any other relevant consequences of the liquidation of the account, including the potential effect of the ten-percent early withdrawal tax. Signed by Senior Judge Thomas J. McAvoy on 8/8/2023. {Copy served upon non electronic parties by regular mail.} (jmb)

Date Filed

Document Text

October 20, 2023

Filing 22 FINAL ORDER OF GARNISHMENT: IT IS ORDERED that the Garnishee, The Vanguard Group, Inc., shall liquidate securities and all property or funds of the defendant in which he has an ownership interest, including, but not limited to, any new property of wh ich the Garnishee obtains custody, control, or possession while this Writ is in effect, within 15 days from the date of this order. See 28 U.S.C. § 3205(c)(2)(F). The Garnishee shall only liquidate funds as needed to pay the full value of restitution owed in the amount of $196,245.04, and further liquidate funds as needed to pay any deductions required by law, with no withdrawal penalty, to the Clerk of the Court. Signed by Senior Judge Thomas J. McAvoy on 10/17/2023. (jmb)

August 8, 2023

Filing 19 DECISION & ORDER: It is ORDERED that the # 18 Report-Recommendation of Judge Andrew T. Baxter, is hereby ACCEPTED and ADOPTED. The objections of Defendant Anthony I. Odimegwu and Third-Party Defendant Ebelechukwu Odimegwu to the governments writ of garnishment directed at property of Defendant held by the Vanguard Group, Inc., dkt. #'s 11 and 12 , are hereby OVERRULED. Defendants and Third-Party Defendants requests for a hearing dkt. #'s 11 and 12 , are hereby DENIED. The Unite d States is hereby DIRECTED to submit a proposed Order of Garnishment. The government should be prepared to address the impact of any excess value of defendants retirement account over his outstanding restitution balance, any limitations on the defen dants ability to make withdrawals from his retirement account, and any other relevant consequences of the liquidation of the account, including the potential effect of the ten-percent early withdrawal tax. Signed by Senior Judge Thomas J. McAvoy on 8/8/2023. {Copy served upon non electronic parties by regular mail.} (jmb)

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