Opinion
19 Cr. 437 (AKH)
06-13-2022
ORDER
Alvin K. Hellerstein United States District Judge
Defendant Marc Lawrence, via pro se letter, seeks clarification as to whether turnover orders I issued on January 26, 2022 and March 24, 2022 are authorized.
Lawrence is correct that I set a schedule of restitution payments to begin after his release from custody. However, upon entry of criminal judgment a lien automatically arose in favor of the Government in the same manner as a tax lien, which the Government may enforce against certain non-exempt property. 18 U.S.C. 3613(d). The separate schedule of restitution payments does not override the Government's right to enforce the lien against Defendant's nonexempt property. See 18 U.S.C. 3613(a)-(d); see also United States v. Lumiere, 2021 WL 4710778, at *3 (S.D.N.Y., Oct. 7, 2021) (citing Cisneros v. Alpine Ridge Group, 508 U.S. 10, 18 (1993)).
No further clarification is necessary. The Clerk shall terminate ECF No. 160 and mail a copy of this order to Defendant.
SO ORDERED.