Filed: Sep. 27, 2017
Latest Update: Sep. 27, 2017
Summary: APPLICATION FOR WRIT OF GARNISHMENT RICHARD G. STEARNS , District Judge . Pursuant to 28 U.S.C. 3205(b)(1) 1 , the Federal Debt Collection Procedures Act, the United States of America (the "United States"), through its attorneys, United States Attorney 3212 and Assistant United States Attorney Brendan T. Mockler, hereby petitions the Clerk of the United States District Court to issue a Writ of Garnishment upon all funds and/or property, which Northwestern Mutual Life Insurance Company ("
Summary: APPLICATION FOR WRIT OF GARNISHMENT RICHARD G. STEARNS , District Judge . Pursuant to 28 U.S.C. 3205(b)(1) 1 , the Federal Debt Collection Procedures Act, the United States of America (the "United States"), through its attorneys, United States Attorney 3212 and Assistant United States Attorney Brendan T. Mockler, hereby petitions the Clerk of the United States District Court to issue a Writ of Garnishment upon all funds and/or property, which Northwestern Mutual Life Insurance Company ("G..
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APPLICATION FOR WRIT OF GARNISHMENT
RICHARD G. STEARNS, District Judge.
Pursuant to 28 U.S.C. § 3205(b)(1)1, the Federal Debt Collection Procedures Act, the United States of America (the "United States"), through its attorneys, United States Attorney 3212 and Assistant United States Attorney Brendan T. Mockler, hereby petitions the Clerk of the United States District Court to issue a Writ of Garnishment upon all funds and/or property, which Northwestern Mutual Life Insurance Company ("Garnishee"), located in Milwaukee, WI, is believed to hold on behalf of the Defendant, Ronald P. Mulcahey ("Mulcahey") to satisfy a judgment entered against Mulcahey.
In support, the United States says:
1. On March 24, 2017, a Judgment in a Criminal Case was entered in the United States District Court for the District of Massachusetts against Mulcahey, social security number ***_**_ 2415, last known address in Ayer, MA.
2. Mulcahey is indebted for the judgment amount of $267,784.23; plus accrued interest at the rate of 1.03 percent per day. The current total balance is $267,862.89.
3. Pursuant to 28 U.S.C. § 3205(b)(1)(B), the United States made demand for payment of the aforementioned debt upon not less than 30 days prior to the date of this Application, and Mulcahey has failed to satisfy the restitution and/or fine debt.
4. Pursuant to the Mandatory Victims Restitution Act of 1996 ("MVRA"), the United States Attorney General is responsible for enforcing restitution orders. See 18 U.S.C. §§ 3664(m)(1)(A)(1), 3612(c)(2). Pursuant to 18 U.S.C. §§ 3613(f) and 3664(m)(1)(A), all provisions available for the enforcement of fines is also available for the enforcement of restitution.
5. The United States believes the Garnishee, is in possession or control of funds and/or property belonging to Mulcahey, and that Mulcahey has a substantial nonexempt interest in such funds and/or property. This Writ of Garnishment is intended to compel the Garnishee to pay to the United States District Court all funds held on behalf of Mulcahey to be applied towards Mulcahey's restitution and/or fine debt.
WHEREFORE, The United States petitions the Clerk of the United States District Court to issue a Writ of Garnishment upon all funds held by Northwestern Mutual Life Insurance Company on behalf of Mulcahey, to satisfy the judgment entered against Mulcahey on March 24, 2017.
IT IS, on this 27th day of September 2017.
ALLOWED, that the Clerk of the Court shall issue the Writ of Garnishment.
