Opinion
Case No. 2:94-CR-239-LDG-VCF
10-08-2014
UNITED STATES OF AMERICA, Plaintiff, v. FERDINAND BUNGAY, Defendant.
DANIEL G. BOGDEN United States Attorney District of Nevada BRIAN PUGH Assistant United States Attorney United States Attorney's Office 333 Las Vegas Boulevard So., Suite 5000 Las Vegas, Nevada 89101 Tel: 702-388-6336 Fax: 702-388-6787 Email: brian.d.pugh@usdoj.gov
DANIEL G. BOGDEN
United States Attorney
District of Nevada
BRIAN PUGH
Assistant United States Attorney
United States Attorney's Office
333 Las Vegas Boulevard So., Suite 5000
Las Vegas, Nevada 89101
Tel: 702-388-6336
Fax: 702-388-6787
Email: brian.d.pugh@usdoj.gov
MOTION FOR SUPPLEMENTARY PROCEEDINGS (EXAMINATION OF JUDGEMENT DEBTOR)
The United States of America, by and through Daniel G. Bogden, United States Attorney, and Brian Pugh, Assistant United States Attorney, moves this Honorable Court for an order requiring defendant, Ferdinand Bungay, to appear before a United States Magistrate Judge at a time and place to be set by the court for examination supplementary to judgment pursuant to Rule 69 of Fed. R. Civ. P. and N.R.S. 21.270.
POINTS AND AUTHORITIES
The Federal Debt Collection Procedure Act ('FDCPA') is "the exclusive civil procedures for the United States ... to recover a judgment on a debt." 28 U.S.C. § 3001(a) (1). A debt is an amount owed "to the United States on account of ...[an]other source of indebtedness to the United States...." 28 U.S.C. § 3002(3)(B). A judgment is "a judgment ... entered in favor of the United States in a court and arising from a ... criminal proceeding...." 28 U.S.C. § 3002(8). A criminal money judgment against a defendant is a judgment entered as a debt in favor of the Government. See 28 U.S.C. § § 3001(a) (1), 3002(3)(B) and (8), 3201, and 3202(a). The creation, duration and renewal of judgment liens are part of Subchapter C. See 28 U.S.C. § § 3201 and 3202(a). Since judgments include criminal money judgments, the judgment lien is good for 20 years and can be renewed for another 20 years. See 28 U.S.C. § § 3002(8), 3201, and 3202(a).
Defendant's debt is a judgment upon which the United States can collect and use any and all remedies identified in the FDCPA, including discovery as to the debtor's financial condition. See 28 U.S.C. § 3015.
CONCLUSION
Wherefore, the United States respectfully requests that this Court order a judgment debtor examination of the defendant.
This motion is based upon the attached Declaration and the pleadings and papers on file herein.
DATED this 8th day of October, 2014.
DANIEL G. BOGDEN
United States Attorney
/s/ Brian Pugh
BRIAN PUGH
Assistant United States Attorney
DECLARATION
FOR MOTION FOR SUPPLEMENTARY PROCEEDINGS
(EXAMINATION OF JUDGMENT DEBTOR)
STATE OF NEVADA COUNTY OF CLARK
Kim Bush, declares pursuant to 28 U.S.C. §1746 under penalty of perjury that the foregoing is true and correct.
1. I am a Legal Assistant in the Financial Litigation Unit for the United States Attorney's Office, District of Nevada. I have custody of the records in this office pertaining to this collection matter.
2. Judgment was entered, for the plaintiff and against defendant on, Ferdinand Bungay , for the sum of $490,232.00, together with interest thereon from the date of judgment and court costs.
3. Ferdinand Bungay resides within the jurisdiction of this Court.
4. The judgment has not been satisfied, vacated, reversed, or barred by the Statute of Limitations, and is one on which execution may properly issue.
5. The judgment remains unpaid.
/s/ Kim Bush
Kim Bush
Legal Assistant
Financial Litigation Unit
ORDER FOR SUPPLEMENTARY PROCEEDINGS OF JUDGMENT DEBTOR EXAMINATION
On plaintiff's motion and good cause appearing, the defendant, Ferdinand Bungay, is hereby Ordered to appear before the United States Magistrate in courtroom 3D, Lloyd D. George Federal Courthouse, 333 Las Vegas Boulevard South, Las Vegas, Nevada 89101, on the 4th day of December, 2014 at 1:00 p.m., to then and there answer upon oath concerning the property of the defendant and for such other proceedings as there may occur consistent with proceedings supplementary to execution.
It is further ordered that you, the defendant, bring to the hearing the following:
1. Your three most recent federal income tax returns with their attachments.
2. Copies of all personal and business financial statements concerning checking and savings accounts for the past twelve months.
3. A copy of the titles to all you and your spouses' vehicles, automobiles, boats, aircraft, etc
4. Copies of your earnings statements (i.e. paychecks) for the past twelve months.
5. Copies of your bills for the past twelve months to verify statements on the financial form.
It is further ordered that a copy of this order shall be served upon the defendant by private process service at least 3 weeks calendar days before the hearing scheduled herein.
Failure to appear may subject you, the defendant, to punishment for contempt of court.
DATED this day of October 14 2014.
/s/_________
United States Magistrate Judge
SUBMITTED BY: DANIEL G. BOGDEN
United States Attorney
/s/ Brian Pugh
BRIAN PUGH
Assistant United States Attorney
IT IS FURTHER ORDERED that the government must provide a court reporter for the Judgment Debtor Examination on December 4, 2p at 1:00 p.m. IT IS FURTHER ORDERED that the service of process on defendant must be filed with the court by November 26, 2014.