U.S. v. McGinn

Full title: UNITED STATES OF AMERICA, Plaintiff, v. THOMAS D. McGINN, Defendant

Court: United States District Court, D. Utah, Central Division

Date published: Jun 8, 2004

Case No. 1:01CV0008 (D. Utah Jun. 8, 2004)

Opinion

Case No. 1:01CV0008.

June 8, 2004

PAUL M. WARNER, United States Attorney JAN N. ALLRED, Assistant United States Attorney, Attorneys for the United States of America, Salt Lake City, Utah.

ORDER

DEE BENSON, Chief Judge, District

The Court, having received the Stipulation of the parties datedJune 8, 2004, and good cause appearing therefor,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

1. Judgment was entered on November 15, 1993 in the total sum of $120,341.31 in favor of the United States of America (hereafter the "United States") and against Thomas D. McGinn (hereafter "McGinn").

2. McGinn has agreed to pay and the United States has agreed to accept monthly installment payments from in the amount of $300.00 commencing on the 15^th day of June, 2004 and continuing thereafter on the 15^th day of each month for a period of 12 months. At the end of said time period, and yearly thereafter, McGinn shall submit a current financial statement to the United States Attorney's Office. This payment schedule will be evaluated and may be modified, based on the documented financial status of McGinn.

3. In addition to the regular monthly payment set forth in paragraph 2, above, McGinn has agreed that the United States may submit debt in the above-captioned case to the State of Utah and the U.S. Department of Treasury for inclusion in the State Finder program and the Treasury Offset program. McGinn understands that under these programs, any state or federal payment that would normally receive may be offset and applied toward the debt in the above-captioned case.

4. McGinn shall submit all financial documentation in a timely manner and keep the United States Attorney's Office apprised of the following:

a. Any change of address; and

b. Any change in employment.

5. The United States has agreed to refrain from execution on the judgment so long as McGinn complies strictly with the agreement set forth in paragraphs 2 and 4, above. In the event McGinn fails to comply strictly with the terms set forth in the Stipulation dated June 8, 2004, the United States may move the Court ex parte for a writ of execution and/or a writ of garnishment or any other appropriate order it deems necessary for the purpose of obtaining satisfaction of the judgment in full.