Opinion
CR 22-00401-001 JD
05-28-2024
UNITED STATES OF AMERICA, Plaintiff, v. JACE WONG, Defendant, CHARLES SCHWAB & CO., INC., Garnishee.
ISMAIL J. RAMSEY (CABN 189820) United States Attorney MICHELLE LO (NYRN 4325163) Chief, Civil Division VIVIAN F. WANG (CABN 277577) Assistant United States Attorney Attorneys for Plaintiff
ISMAIL J. RAMSEY (CABN 189820)
United States Attorney
MICHELLE LO (NYRN 4325163)
Chief, Civil Division
VIVIAN F. WANG (CABN 277577)
Assistant United States Attorney
Attorneys for Plaintiff
WRIT OF CONTINUING GARNISHMENT PURSUANT TO STIPULATION
(FINANCIAL ACCOUNT)
TO: Charles Schwab & Co., Inc.
Legal Services (DFW1-02-886)
3000 Schwab Way
West Lake, TX 76262
YOU ARE HEREBY COMMANDED TO GARNISH FOR THE BENEFIT OF THE UNITED STATES OF AMERICA PROPERTY IN YOUR POSSESSION IN WHICH THE DEFENDANT-JUDGMENT DEBTOR HAS A SUBSTANTIAL NONEXEMPT INTEREST.
The name, last known address, and last four digits of the social security number of the person who is the defendant-judgment debtor (“defendant”) in this action and whose property is subject to this Writ are, as follows:
Jace Wong - Reg. No. 39802-509FMC Carswell,
Naval Air Station,
J St, Building 3000
Fort Worth, TX 76127
Social Security Number (last four digits): XXX-XX-1935
This Writ has been issued at the request of the United States of America to enforce the collection of a criminal judgment entered in favor of the United States against the defendant for a debt in the original amount of $206,700.00. As of May 31, 2024, there is a balance of $256,013.78 due on the judgment debt, comprised of: a $650.00 assessment; $206,000.00 in restitution principal, $5,698.39 in restitution interest; $20,670.00 in delinquency penalties under 18 U.S.C. §§ 3612(g), 3572(h); and a $22,995.39 surcharge of ten percent (10%) pursuant to 28 U.S.C. § 3011(a). Interest on the restitution principal has accrued, and continues to accrue, at the rate of 5.27% per annum, or $29.66 per day.
The following are the steps that you must take to comply with this Writ. If you have any questions, you should consult with your attorney.
1. Pursuant to 28 U.S.C. § 3205(c)(2)(F), if you have in your custody, control, or possession any property of the defendant in which the defendant has a substantial nonexempt interest, or if you obtain custody, control, or possession of such property while this Writ is in effect, you must immediately withhold such property from the defendant and remit such property in accordance with the enclosed stipulated court order. Pursuant to 28 U.S.C. § 3205(c)(2)(E), you are required to answer this Writ within 10 days after service of this Writ upon you. You must answer the Writ even if you do not have in your custody, control, or possession, any property of the defendant. Pursuant to 28 U.S.C. § 3205(c)(4), your answer must state, under oath, the following information:
a. Whether or not you have in your custody, control, or possession, any property
owned by the defendant in which the defendant has a substantial nonexempt interest;
b. a description of such property and the value of such property;
c. a description of any previous garnishments to which such property is subject and the extent to which any remaining property is not exempt; and
d. the amount of the debt you anticipate owing to the defendant in the future and whether the period for payment will be weekly or another specified period.
For your convenience, a form which addresses the above-requested information is attached and may be used to answer the Writ.
3. After you complete the answer under oath, pursuant to 28 U.S.C. § 3205(c)(2)(E) and (c)(4), within ten (10) days after service of this Writ upon you, you must mail or deliver the original answer bearing the original signature of the person preparing the answer to the Court at the following address:
Clerk, United States District Court
450 Golden Gate Ave., Box 36060
San Francisco, CA 94102
At the same time you mail or deliver the original answer to the Court, you must also mail or deliver a copy of the original answer to the defendant, counsel for defendant, and attorney for the United States at the following respective addresses:
Jace Wong - Reg. No. 39802-509FMC Carswell,
Naval Air Station,
J St, Building 3000
Fort Worth, TX 76127
Counsel for Defendant Jace Wong:
Douglas Horngrad, Esq.
Law Office of Douglas Horngrad
1736 Stockton St.
Maybeck Building Four
San Francisco, CA 94133
Counsel for the United States:
Vivian F. Wang
Assistant U.S. Attorney
450 Golden Gate Avenue, 9th Floor
P.O. Box 36055
San Francisco, CA 94102
Please note that the attached answer form contains a certificate of service which needs to be completed by the person mailing the copies of the answer to the defendant and the attorney for the United States, and which needs to be filed with the Court along with the answer.
IF YOU FAIL TO ANSWER THIS WRIT OR FAIL TO WITHHOLD PROPERTY IN ACCORDANCE WITH THIS WRIT, THE UNITED STATES MAY PETITION THE COURT FOR AN ORDER REQUIRING YOU TO APPEAR BEFORE THE COURT TO ANSWER THE WRIT AND TO WITHHOLD PROPERTY IN ACCORDANCE WITH THE WRIT BEFORE THE APPEARANCE DATE. IF YOU FAIL TO APPEAR OR DO APPEAR AND FAIL TO SHOW GOOD CAUSE WHY YOU FAILED TO COMPLY WITH THIS WRIT, THE COURT WILL ENTER A JUDGMENT AGAINST YOU FOR THE VALUE OF THE DEFENDANT'S NONEXEMPT INTEREST IN SUCH PROPERTY (INCLUDING NONEXEMPT DISPOSABLE EARNINGS). THE COURT MAY ALSO AWARD A REASONABLE ATTORNEY'S FEE TO THE UNITED STATES AND AGAINST YOU IF THE WRIT IS NOT ANSWERED WITHIN THE TIME SPECIFIED HEREIN AND IF THE UNITED STATES FILES A PETITION REQUIRING YOU TO APPEAR.