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U.S. v. BARNA, 2:12-CR-00408-TLN. (2014)

Court: District Court, E.D. California Number: infdco20140826732 Visitors: 9
Filed: Aug. 25, 2014
Latest Update: Aug. 25, 2014
Summary: STIPULATION FOR FINAL ORDER OF GARNISHMENT; AND ORDER THEREON CAROLYN K. DELANEY, Magistrate Judge. The signatories stipulate to the resolution of the United States' pending garnishment action against defendant Chris Barna's interest in five bank accounts maintained at JPMorgan Chase Bank as follows: 1. On December 12, 2013, defendant Chris Barna was sentenced in case number 2:12-CR-00408-TLN and ordered to pay a $100.00 statutory assessment and $1,016,505.90 in restitution. Docket Entry No.
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STIPULATION FOR FINAL ORDER OF GARNISHMENT; AND ORDER THEREON

CAROLYN K. DELANEY, Magistrate Judge.

The signatories stipulate to the resolution of the United States' pending garnishment action against defendant Chris Barna's interest in five bank accounts maintained at JPMorgan Chase Bank as follows:

1. On December 12, 2013, defendant Chris Barna was sentenced in case number 2:12-CR-00408-TLN and ordered to pay a $100.00 statutory assessment and $1,016,505.90 in restitution. Docket Entry No. 42.

2. The United States sought, and the Clerk issued a writ of garnishment on July 22, 2014 against Defendant's personal and business banking accounts at garnishee JPMorgan Chase Bank, N.A. Misc. Case Docket Entry Nos. 3 and 5.

3. The Garnishee filed its answer to the writ on August 14, 2014 and identified five separate bank accounts associated with Defendant as:

A. A joint account holder owner (with his spouse, Laura Barna) of the checking account ending in numbers 3161;

B. A joint account holder owner (with Laura Barna) of the savings account ending in numbers 5050;

C. The sole account holder of the business checking account ending in numbers 3067;

D. The sole account holder of the business checking account ending in numbers 5588; and

E. The sole account holder of the business savings account ending in numbers 1071. DE No. 8.

4. The Defendant filed objections to the garnishment action concerning the two joint accounts identified in paragraphs 3A and 3B, above. Defendant does not object to the garnishment of the three sole accounts listed in paragraphs 3C-E. (DE No. 9, pages 8-9 and 12-13.) The signatories agree that the accounts identified in paragraphs 3A-B which are joint accounts with spouse, Laura Barna, shall not be garnished, while the accounts identified in paragraphs 3C-E shall be garnished in the United States' favor.

ORDER

The Court, having reviewed the files and the parties' Stipulation for Final Order of Garnishment (the Stipulation) and finding good cause therefore, hereby APPROVES the Stipulation.

ACCORDINGLY, the Court hereby ORDERS, ADJUDGES and DECREES as follows:

1. The United States' application for a final order of garnishment liquidating Defendant's bank accounts identified in paragraphs 3A-B, above, is DENIED;

2. The United States' application for a final order of garnishment liquidating Defendant's bank accounts identified in paragraphs 3C-E, above, is GRANTED; and

3. JPMorgan Chase Bank shall DELIVER, within twenty (20) days of the date of this Order, a cashier's check, money order or company draft for the entire balances contained in the accounts under the name of Chris Barna ending in the numbers 3067, 5588, and 1071, and made payable to the "Clerk of the Court" at the Office of the Clerk, United States District Court, Eastern District of California, 501 I Street, Suite 4-200, Sacramento, California 95814. JPMorgan Chase bank shall also state the docket number (Case No.: 2:12-CR-00408-TLN) on the payment instrument and, if it desires a payment receipt, shall include a self-addressed, stamped envelope with the payment.

IT IS SO ORDERED.

Source:  Leagle

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