Opinion
Case No. 2:97 CR 00333-001 TC.
August 19, 2005
JONATHAN C. BOYD Assistant United States Attorney
AUDREY K. JAMES Attorney for Defendant Khai H. Tran
ORDER
The Court, having received the Stipulation of the parties dated August 19, 2005, and good cause appearing therefor,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. Judgment was entered on April 8, 1998 in the total sum of $8,220.31 ($100.00 Assessment; $7,120.31 Restitution; and $1,000.00 Fine) in favor of the United States of America (hereafter the "United States") and against Khai H. Tran (hereafter "Tran"). A balance of $855.99 on the fine remains unpaid.
2. Tran has agreed to pay and the United States has agreed to accept monthly installment payments from him in the amount of $25.00 commencing on the 15th day of September, 2005 and continuing thereafter on the 15th day of each month for a period of twelve months. At the end of said time period, and yearly thereafter, Tran 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 Tran.
3. In addition to the regular monthly payment set forth in paragraph 2, above, Tran has agreed that the United States may submit his 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. Tran understands that under these programs, any state or federal payment that he would normally receive may be offset and applied toward the debt in the above-captioned case.
4. Tran 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 Tran complies strictly with the agreement set forth in paragraphs 2 and 4, above. In the event Tran fails to comply strictly with the terms set forth in the Stipulation dated August 19, 2005, 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.