instructions to criminal defendant clerk's...
TRANSCRIPT
IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
UNITED STATES OF AMERICA ))
v. ) CASE NO. DNCW309CR67-1) (Financial Litigation Unit)
ANTHONY JINWRIGHT, ))
and ))
GREATER SALEM CHURCH, )Garnishee. )
INSTRUCTIONS TO CRIMINAL DEFENDANTCLERK'S NOTICE OF POST-JUDGMENT GARNISHMENT,
EXECUTION, RECEIVERSHIP, GARNISHMENT, AND/OR SEQUESTRATIONAND RIGHT TO HAVE EXEMPTIONS DESIGNATED
(REQUEST FOR HEARING)
YOU ARE HEREBY NOTIFIED that based upon a Court judgment entered against you onDecember 9, 2010, in case number DNCW309CR67-1 in the United States District Court of theWestern District of North Carolina, you were ordered to pay $1,279,856.00 for an assessment, fineand/or restitution and a garnishment of your property, funds or wages is being taken by the UnitedStates of America. The US Clerk of Court balance of $1,279,856.00 remains outstanding as ofFebruary 4, 2011. It is believed that the Garnishee may have property, funds or wages of yours intheir custody, possession or control.
YOU ARE FURTHER NOTIFIED that there are exemptions under the law which mayprotect some of the property from being taken by the United States Government if you can show thatthe exemptions apply. Attached is a summary of the major exemptions which apply in mostsituations under federal law pursuant to 18 U.S.C. § 3613.
You have a right to ask the court to return your property to you if you think you do not owethe money to the United States Government that it says you do, or if you think the property theGovernment is taking qualifies under one of the exemptions mentioned above. If you want ahearing, within twenty (20) days after receipt of the Answer of Garnishee, you may file a writtenobjection to the Answer and request a hearing. A copy of the objection and request for hearing shallbe served on the Garnishee and the United States Government. Your request must be in writing. The objection must state your reasons for believing that the funds or property is not subject toattachment by the United States of America. Not all requests are granted.
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If you wish, you may use this notice to request the hearing by checking the box below.�You must either mail it or deliver it in person to the following address:
Clerk of the United States District Court 401 West Trade StreetCharlotte, NC 28202
So that the United States Government will know you want a hearing, you must also send acopy of your request to the following address:
Jennifer A. Youngs, Assistant United States AttorneyUnited States Attorney's Office
Financial Litigation Unit227 West Trade Street, Suite 1650
Charlotte, NC 28202
If you are entitled to a hearing, the Court shall hold a hearing within ten (10) days after thedate request is received by the Court, or as soon thereafter as is practicable, and give notice of thehearing date to all the parties.
If you are granted a hearing, you may explain to the judge why you think you do not owe themoney to the United States Government or why these funds are exempt from execution. If you donot request a hearing within twenty (20) days of receiving the Answer of Garnishee, a court Orderof Continuing Garnishment will be entered attaching the property or funds that will be appliedagainst the judgment owed to the United States of America.
If you think you live outside the Federal judicial district in which the court is located, youmay request, not later than twenty (20) days after you receive this notice, that this proceeding andthat the property, funds or wages be transferred by the Court to the Federal judicial district in whichyou reside. You must make your request in writing, and either mail it or deliver it in person to:
Clerk of United States District Court401 West Trade StreetCharlotte, NC 28202
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So the United States Government will know that you want the proceeding to be transferred,you must also send a copy of your request to the following address:
Jennifer A. Youngs, Assistant United States AttorneyUnited States Attorney
Financial Litigation Unit227 West Trade Street, Suite 1650
Charlotte, NC 28202
Be sure to keep a copy of this notice for your own records. If you have any questions aboutyour rights or about this procedure, you should contact a lawyer, an office of public legal assistance,or the Clerk of the Court. The Clerk is not permitted to give legal advice, but can refer you to othersources of information.
FRANK G. JOHNS, Clerk
Deputy ClerkU.S. District Court
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1 \29520150.1
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION No. 3:09-CR-67-FDW
UNITED STATES OF AMERICA v. ANTHONY L. JINWRIGHT and HARRIET P. JINWRIGHT Defendants.
DEFENDANT ANTHONY L. JINWRIGHT’S MOTION TO STAY AND
QUASH WRIT OF GARNISHMENT PROCEEDING PENDING APPEAL
ANTHONY L. JINWRIGHT (Mr. Jinwright), by and through his counsel of record,
JOSHUA D. DAVEY, pursuant to the provisions of the Due Process Clause of the Fifth
Amendment to the United States Constitution, and Rules 8(a)(1)(A) and (c) and Rule 38(e) of the
Federal Rules of Criminal Procedure, hereby moves for an ORDER and STAY of the parallel
Writ of Garnishment proceeding filed under Case No: DNCW 3:09 CR 67-1. As grounds for this
motion, Mr. Jinwright states as follows:
1. Judgment in the criminal case that gave rise to the Restitution Order that the
Government now seeks to enforce by garnishment was entered on December 15, 2010.
Doc. (134).
2. By Notice of Appeal filed on December 17, 2010, Mr. Jinwright appealed his
conviction and Judgment to the Fourth Circuit Court of Appeals. Doc. (138). The case was
accepted and docketed by the Fourth Circuit Court of Appeals under Case No: 10-5290. Doc.
(144). By Order dated December 21, 2010 the Fourth Circuit Court of Appeals consolidated Mr.
Jinwright’s appeal with that of his wife, Harriet Jinwright. Doc. (145).
3. The Government filed its Writ and Application for Garnishment on February 7,
2011. Doc. (156).
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2 \29520150.1
4. Mr. Jinwright has exclusive ownership and or dual possessory interest in the
property and disposable earnings from which garnishment is sought.
5. Because Mr. Jinwright has appealed the Judgment in this case including the Order
of Restitution, the Court should STAY the Writ of Garnishment proceeding until the resolution
of his direct appeal of that Judgment. See Fed. R. Crim. P. 38(e)(1).
WHEREFORE, for the foregoing reasons the Court should issue an Order Staying the
aforementioned Writ of Garnishment pending the resolution of this case on appeal before the
Fourth Circuit Court of Appeals under Docket No: 10-5290.
Respectfully submitted, this the 17th day of February, 2011.
/s/ Joshua D. Davey
Joshua D. Davey McGuireWoods LLP N.C. State Bar No. 35246 100 North Tryon Street, Suite 2900 Charlotte, NC 28202 Telephone: 704.343-2167 Fax: 704.805-5019 [email protected] Attorney for Anthony L. Jinwright
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IN THE FEDERAL COURT OF JUSTICEFOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
UNITED STATES OF AMERICA, ))
v. ) DOCKET NUMBER 3:09CR64-W)
HARRIET JINWRIGHT )____________________________________)
UNITED STATES’ RESPONSE TO MOTION FOR STAY PENDING APPEAL
COMES NOW the United States of America by and through its attorney, the United States
Attorney for the Western District of North Carolina, and responds to the motion filed by Defendant
Harriet P. Jinwright in which she seeks to quash the writ of garnishment pending the outcome of her
appeal. For the reasons set forth herein, this request should be denied.
PROCEDURAL HISTORY
Defendant was ordered by this Court to pay $1,174,921.00 in restitution, as well as a $400.00
criminal assessment by Judgment dated December 15, 2010. Defendant filed a notice of appeal on
December 17, 2010. To date, Defendant has paid nothing toward this debt. By email
correspondence of January 7, 2011, the undersigned notified counsel for Defendant of the
government’s intent to pursue collection of the outstanding funds and requested that counsel for both
Defendant and her co-defendant spouse work informally and cooperatively toward this goal. As part
of this process, the government requested a listing of assets. No response to this correspondence has
been received. Nor did Defendant provide any sort of accounting to Probation upon its request.
Accordingly, the government has begun the process of collecting the outstanding debt pursuant to
18 U.S.C. § 3613. The first step taken to date was the filing of the instant garnishment on February
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7, 2011. The government anticipates taking additional steps in the very near future, including writs
of execution, subpoenas, and formal discovery.
LEGAL AUTHORITY AND ARGUMENT
In the motion to quash, Defendant cites only Rule 38(e)(1) of the Rules of Criminal
Procedure, which provides that the Court may grant such a stay. Defendant fails to provide any
argument or factual support, other than the simple fact that an appeal is pending, as to why such a
request should be granted. Further, in her motion, Defendant admits that she has “exclusive
ownership and or dual possessory interest in the property and disposable earnings from which
garnishment is sought,” though she fails to identify the property or earnings. Through conversations
with counsel for and representatives of the garnishee, Greater Salem Church, who have been
cooperating with the government’s collection efforts, the government learned that while there
appears to be no cash or earnings subject to garnishment, there is likely substantial property,
including furnishings and other things of potential value, currently in the garnishee’s possession.
Due to the volume of property, an inventory is being conducted by the garnishee at this time. If there
are items with sufficient value and marketability, the government would pursue a final order of
garnishment that would result in the ultimate liquidation of these assets for payment to the Clerk of
Court. Any funds paid to the Clerk of Court would be held pending resolution of the appeal in this
matter, pursuant to the policies followed by the Clerk and as required by the Administrative Office
of the United States Courts.
While Rule 38(e)(1) permits the Court to stay collection activities in this matter pending
appeal, it is by no means required to do so absent a compelling basis for such extraordinary relief
Defendant has not shown, and cannot show, that the government’s actions are unreasonable,
2
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unwarranted, or will in some way cause her undue hardship. The “fact that monetary penalties couldbe reversed on appeal is unpersuasive; if the judgment is reversed, [the Defendant] can move thatthe government return her money.” Beardslee v. United States, 2008 WL 4334711, *3(N.D.Cal.)(unreported); cited and followed by United States v. Bird, 2009 WL 4801374, *2(W.D.N.C.). The underlying issue is the likelihood that any available assets will be wholly orpartially dissipated and therefore the government, on behalf of the victim, will have lost theopportunity to collect available funds and assets to pay toward the outstanding monetary obligation. For this reason, Rule 38(e)(2) provides that where the Court is inclined to grant a stay of collectionpending appeal, the “court may issue any order reasonably necessary to ensure compliance with arestitution order . . . including an order requiring the defendant to deposit all or part of any monetaryrestitution into the district court’s registry . . . or an order requiring the defendant to post a bond.” To the best of the government’s knowledge, no such motion to stay has been granted in thisdistrict in the more than eight years the undersigned has been the Financial Litigation Unit attorney,though monetary penalties are routinely collected and held during the pendency of appeals. This isbecause the balance of statutory authority weighs in favor of immediate collection due to the risk ofdissipation. 18 U.S.C. § 3572(d) requires that the “fine or other monetary penalty, includingrestitution, shall make such payment immediately, unless, in the interest of justice, the court providesfor payment on a date certain or in installments.” Where such stays are granted, it is often requiredthat the full monetary penalty be paid into the court’s registry pursuant to Rule 38(e)(2). See UnitedStates v. Parikh, 858 F.2d 688 (11th Cir. 1988); United States v. Ginglen, 2007 WL 2909359(C.D.Ill. 2007)(unreported). See also Bird at *2 (requiring that garnished funds be held in theCourt’s registry pending the outcome of the appeal).3
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Here, Defendant has offered no evidence as to why such a stay should be granted. There is
no evidence as to how this would create any sort of hardship, financially or otherwise. She has
offered no evidence that there has been a change in her financial circumstances, or any reason why
the government should not be permitted to protect its and the victim’s interest in ensuring collection
of the restitution obligation. Defendant has failed and refused to cooperate with Probation or the
government to even provide a listing of her assets and debts, thereby ensuring the government’s need
to take such action as this garnishment, and future action to determine the existence of and to protect
any other available assets.
Accordingly, the government requests that Defendant’s motion for a stay pending appeal be
denied. In the alternative, the government requests that should the Court grant the stay, in whole or
in part, it require that as a condition of the stay, Defendant post a bond or deposit into the Court’s
registry the full amount of her monetary obligations.
Respectfully submitted,
ANNE M. TOMPKINS, UNITED STATES ATTORNEYs/ Jennifer A. YoungsAssistant United States AttorneyNC Bar No. 23925Attorney for the United States of America227 West Trade Street, Rm 1650
Charlotte, NC 28202Tel: (704) 344-6222Fax: (704) 227-0248Email: [email protected]
4
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IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
UNITED STATES OF AMERICA ))
v. ) CASE NO. DNCW309CR67-1) (Financial Litigation Unit)
ANTHONY JINWRIGHT, ))
and ))
GREATER SALEM CHURCH, )Garnishee. )
WRIT OF CONTINUING GARNISHMENT
GREETINGS TO: Greater Salem Church304 S Polk StPineville, NC 28134
An Application for a Writ of Garnishment against the property of Anthony Jinwright,
defendant/debtor, has been filed with this Court. A judgment has been entered against the
defendant/debtor. The US Clerk of Court current total is $1,279,856.00, computed through February
4, 2011, and is due and owing.
You, as Garnishee, are required by law to answer in writing, under oath, within ten (10)
days, of service of this Writ, whether or not you have in your custody, control or possession, any
property or funds owned by the debtor, including non-exempt, disposable earnings.
You must withhold and retain any property in which the defendant/debtor has a
substantial non-exempt interest and for which you are or may become indebted to the
defendant/debtor pending further order of the court. This means that you should withhold 25% of
the defendant/debtor's earnings which remain after all deductions required by law have been
withheld and 100% of all 1099 payments. See 15 U.S.C. §1673(a).
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Please state whether or not you anticipate paying the debtor any future payments and
whether such payments are weekly, bi-weekly, monthly, annually or bi-annually.
You must file the original written Answer to this Writ within ten (10) days of your receipt
of this Writ with the following office:Clerk of the United States District Court 401 West Trade StreetCharlotte, NC 28202Additionally, you are required by law to serve a copy of the Answer upon the
Defendant/debtor at his/her last known address:
Anthony Jinwright
XXXXXXXXXX
Cornelius, NC 28031
You are also required to serve a copy of the Answer upon the Plaintiff at the following
address:
Jennifer A. Youngs, Assistant United States Attorney
United States Attorney's Office
Financial Litigation Unit
227 West Trade Street, Suite 1650
Charlotte, NC 28202
Under the law, there is property which is exempt from this Writ of Garnishment. Property
which is exempt and which is not subject to this order may be listed on the attached Claim for
Exemption form.
Pursuant to 15 U.S.C. §1674, you, the Garnishee, are prohibited from discharging the
defendant/debtor from employment by reason of the fact that his earnings have been subject to
garnishment for any one indebtedness.
Pursuant to 28 U.S.C. §3205(c)(6), if you fail to answer this writ or withhold propertyor funds in accordance with this writ, the United States of America may petition the Court for an
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order requiring you to appear before the court to answer the Writ and to withhold property beforethe appearance date. If you fail to appear or do appear and fail to show good cause why you failedto comply with this Writ, the court shall enter a judgment against you for the value of thedefendant/debtor's non-exempt interest in such property. The Court may award a reasonableattorney's fee to the United States and against you if the Writ is not answered within the timespecified. It is unlawful to pay or deliver to the defendant/debtor any item attached by this writ.
Signed: February 9, 2011
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CLAIM FOR EXEMPTION FORM
MAJOR EXEMPTIONS UNDER FEDERAL LAW (18 U.S.C. §3613)
_____ 1. Wearing apparel and school books. -- Such items of wearing apparel and such school
brooks as are necessary for the debtor or for members of his family.
_____ 2. Fuel, provisions, furniture, and personal effects. -- So much of the fuel, provisions,
furniture, and personal effects in the Debtor’s household, and of the arms for
personal use, livestock, and poultry of the debtor, as does not exceed $6,250 in value.
_____ 3. Books and tools of a trade, business, or profession. -- So many of the books, and
tools necessary for the trade, business, or profession of the debtor as do not exceed
in the aggregate $3,125 in value.
_____ 4. Unemployment benefits. -- Any amount payable to an individual with respect to his
unemployment (including any portion thereof payable with respect to dependents)
under an unemployment compensation law of the United States, of any State, or of
the District of Columbia or of the Commonwealth of Puerto Rico.
_____ 5. Undelivered mail. -- Mail, addressed to any person, which has not been delivered to
the addressee.
_____ 6. Certain annuity and pension payments. -- Annuity or pension payments under the
Railroad Retirement Act, benefits under the Railroad Unemployment Insurance Act,
special pension payments received by a person whose name has been entered on the
Army, Navy, Air Force, and Coast Guard Medal of Honor roll(38 U.S.C. 1562), and
annuities based on retired or retainer pay under Chapter 73 of Title 10 of United
States Code.
_____ 7. Workmen’s Compensation. -- Any amount payable with respect to compensation
(including any portion thereof payable with respect to dependents) under a
workmen’s compensation law of the United States, any State, the District of
Columbia, or the Commonwealth of Puerto Rico.
_____ 8. Judgments for support of minor children. -- If the debtor is required by judgment of
a court of competent jurisdiction, entered prior to the date of levy, to contribute to
the support of his minor children, so much of his salary, wages, or other income as
is necessary to comply with such judgment.
_____ 9. Certain service-connected disability payments. -- Any amount payable to an
individual as a service-connected (within the meaning of section 101(16) of Title 38,
United States Code) disability benefit under -- (A) subchapter II, III, IV, V, or VI of
Chapter 11 of such Title 38 or (B) Chapter 13, 21, 23, 31, 32, 34, 35, 37 or 39 of
such Title 38.
____ 10. Assistance under Job Training Partnership Act.
-- Any amount payable to a participant under the Job Training Partnership Act (29
U.S.C. 1501 et seq.) From funds appropriated pursuant to such Act.
Case 3:09-cr-00067-FDW -DCK Document 162 Filed 02/09/11 Page 4 of 4
1 \29877507.1
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION No. 3:09-CR-67-FDW
UNITED STATES OF AMERICA v. ANTHONY L. JINWRIGHT and HARRIET P. JINWRIGHT Defendants.
DEFENDANT ANTHONY L. JINWRIGHT’S OBJECTION TO ANSWER OF GREATER SALEM
CHURCH AND NOTICE OF INTENT TO CLAIM EXEMPTIONS PURSUANT TO
18 U.S.C. § 3613
ANTHONY L. JINWRIGHT (Mr. Jinwright), through undersigned counsel, hereby
submits this Objection to Answer of Greater Salem Church and Notice of Intent to Claim
Exemptions Pursuant to 18 U.S.C. § 3613 and 28 U.S.C. § 3205 in Response to the Answer to
Writ of Continuing Garnishment filed by Greater Salem Church (“GSC”) on February 17, 2011
(Doc. #167) (“Answer”).
1. In its Answer, GSC states that “it presently has in one or more storage facilities
owned by it, personal property that it has reason to believe is owned by either Anthony
Jinwright, Harriet Jinwright, or A.L. Jinwright Funeral Service II, Inc. This property is being
inventoried and moved to one location. Greater Salem Church will supplement its Answers as
soon as the information is available.” GSC’s answer does not identify specifically the property it
believes may belong to Mr. Jinwright.
2. Upon information and belief, some or all of the property of Anthony Jinwright
referenced by GSC is subject to one or more exemption pursuant to 18 U.S.C. § 3613 and section
6334 of the Internal Revenue Code. In particular, Mr. Jinwright is informed and believes that the
property in the possession of GSC may include wearing apparel and school books, personal
effects, books and tools of a trade, business or profession, and/or other exempt property.
Case 3:09-cr-00067-FDW -DCK Document 205 Filed 03/09/11 Page 1 of 3
2 \29877507.1
3. Because Mr. Jinwright is incarcerated and because Greater Salem Church has not
identified the property at issue, Mr. Jinwright is unable at this time to determine with certainty
what property Greater Salem Church may possess and whether such property is subject to claim
of exemption.
4. Accordingly, Mr. Jinwright submits this Objection to Answer of Greater Salem
Church and Notice of Intent to Claim Exemptions Pursuant to 18 U.S.C. § 3613 and states that,
upon the receipt of GSC’s Supplemented Answer identifying property in its possession which it
believes is owned by Mr. Jinwright, Mr. Jinwright shall respond and assert such specific claims
of exemption as he may have at that time.
5. This Objection and Answer is submitted in order to preserve Mr. Jinwright’s right
to claim exemptions as to any property held by GSC. Mr. Jinwright believes a hearing on this
matter is unnecessary at this time but reserves the right to request a hearing at such time as GSC
identifies the property in its possession with sufficient specificity to permit Mr. Jinwright to
determine whether any exemptions apply and whether a hearing is necessary.
Respectfully submitted, this the 9th day of March, 2011.
/s/ Joshua D. Davey
Joshua D. Davey McGuireWoods LLP N.C. State Bar No. 35246 100 North Tryon Street, Suite 2900 Charlotte, NC 28202 Telephone: 704.343-2167 Fax: 704.805-5019 [email protected] Attorney for Anthony L. Jinwright
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IN THE DISTRICT COURT OF THE UNITED STATESFOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
UNITED STATES OF AMERICA ) )
vs. ) 3:09 CR 67-W)
HARRIET JINWRIGHT, ET AL ) ____________________________________)
MOTION TO JOIN RESPONSE AND OBJECTION OF CO-DEFENDANT
HARIETT JINWRIGHT , through his counsel, KEVIN A. TATE , Assistant Federal
Defender, hereby adopts and joins Anthony Jinwright’s RESPONSE Objection and Notice of
Intent to Designate Exempt Property filed on March 9, 2011. (Doc. 205). As grounds for this
motion Mrs. Jinwright states as follows:
1. Mrs. Jinwright hereby, incorporates by reference the grounds and each and every
point made by Anthony Jinwright in his Objection and Notice of Intent to Designate Exempt
Property as to apply to Mrs. Jinwright as if the motion was filed by her.
2. Adoption of Anthony Jinwright’s motion avoids burdening the record with
repetition
WHEREFORE, Mrs. Jinwright prays that the Court grant this motion
Respectfully submitted:
S/Kevin A. Tate Kevin A. TateAssistant Federal DefenderAttorney for Hariett Jinwright 129 West Trade Street, 3rd FloorCharlotte, North Carolina 28202(704) 374-0720 (Fax) 374-0722
[email protected] OF SERVICE
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I, Kevin A. Tate, Assistant Federal Defender, hereby certify that on March 9, 2011, I
served a copy of the attached MOTION TO JOIN/ADOPT, upon Assistant United States
Attorney Jennifer Young via electronic mail, at address site [email protected] and all
other counsel of record at their electronic addresses on file with the Court.
Respectfully submitted:
S/Kevin A. Tate Kevin A. TateAssistant Federal DefenderAttorney for Hariett Jinwright 129 West Trade Street, 3rd FloorCharlotte, North Carolina 28202(704) 374-0720 (Fax) [email protected]
Case 3:09-cr-00067-FDW -DCK Document 206 Filed 03/09/11 Page 2 of 2
IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
UNITED STATES OF AMERICA, ) ) Case No. 3:09CR67-1
vs. ) (Financial Litigation Unit))
ANTHONY JINWRIGHT, )AKA/ANTHONY LEROY JINWRIGHT. )
NOTICE OF LEVY
TO THE ABOVE-NAMED DEFENDANT(S) AND ALL OTHER PERSONS INTERESTED:
TAKE NOTICE that on March 4, 2011, by virtue of an Execution issued out of the above-
named court, in the above-entitled action on February 25, 2011, the United States has levied upon
the property described below and forwarded same to the United State Clerk of Court:
$20,203.74 from the funds located in accounts held by Prudential. Accountsincluding, but not limited to, account number XXXXXX1294 and account numberXXXXXXX7769, in the name of Anthony Jinwright, aka/Anthony Leroy Jinwright,at the following address: Computer Share, 250 Royal St., Canton, MA 02021.
and all the right, title, and interest of said defendant(s) therein.
THAT THE PARTIES to said action are the United States of America, plaintiff, and Anthony
Jinwright, aka/Anthony Leroy Jinwright, defendant; and that the amount of plaintiff's claim and
demand, as stated in the said Execution, is the sum of $1,279,856.00.
ANNE M. TOMPKINS, UNITED STATES ATTORNEYs/ Jennifer A. YoungsAssistant United States AttorneyNCSB# 23925227 West Trade Street, Suite 1650Charlotte, North Carolina 28202Ph: (704) 344-6222Fx: (704) [email protected]
Case 3:09-cr-00067-FDW -DCK Document 235 Filed 04/05/11 Page 1 of 2
IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
UNITED STATES OF AMERICA, ) ) Case No. 3:09CR67-1
vs. ) (Financial Litigation Unit))
ANTHONY JINWRIGHT, )AKA/ANTHONY LEROY JINWRIGHT. )
NOTICE OF LEVY
TO THE ABOVE-NAMED DEFENDANT(S) AND ALL OTHER PERSONS INTERESTED:
TAKE NOTICE that on March 9, 2011, by virtue of an Execution issued out of the above-
named court, in the above-entitled action on February 25, 2011, the United States has levied upon
the property described below and forwarded same to the United State Clerk of Court:
$373.31 from the funds located in accounts held by Bank of America. Accountsincluding, but not limited to, account number XXXX0939 and account numberXXXX5490, in the name of Anthony Jinwright, aka/Anthony Leroy Jinwright, at thefollowing address: Bank of America, 1425 NW 62 St, Fort Lauderdale, FL 33309.nd
and all the right, title, and interest of said defendant(s) therein.
THAT THE PARTIES to said action are the United States of America, plaintiff, and Anthony
Jinwright, aka/Anthony Leroy Jinwright, defendant; and that the amount of plaintiff's claim and
demand, as stated in the said Execution, is the sum of $1,279,856.00.
ANNE M. TOMPKINS, UNITED STATES ATTORNEYs/ Jennifer A. YoungsAssistant United States AttorneyNCSB# 23925227 West Trade Street, Suite 1650Charlotte, North Carolina 28202Ph: (704) 344-6222Fx: (704) [email protected]
Case 3:09-cr-00067-FDW -DCK Document 234 Filed 04/05/11 Page 1 of 2
IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
UNITED STATES OF AMERICA, ) ) Case No. 3:09CR67-2
vs. ) (Financial Litigation Unit))
HARRIET JINWRIGHT, )AKA/HARRIET PORTER. )
NOTICE OF LEVY
TO THE ABOVE-NAMED DEFENDANT(S) AND ALL OTHER PERSONS INTERESTED:
TAKE NOTICE that on March 4, 2011, by virtue of an Execution issued out of the above-
named court, in the above-entitled action on February 25, 2011, the United States has levied upon
the property described below and forwarded same to the United State Clerk of Court:
$3,335.82 from the funds located in accounts held by Prudential. Accounts including,but not limited to, account number XXXXXXX7767, in the name of HarrietJinwright, aka/Harriet Porter, at the following address: Computer Share, 250 RoyalSt., Canton, MA 02021.
and all the right, title, and interest of said defendant(s) therein.
THAT THE PARTIES to said action are the United States of America, plaintiff, and Harriet
Jinwright, aka/Harriet Porter, defendant; and that the amount of plaintiff's claim and demand, as
stated in the said Execution, is the sum of $1,285,056.00.
ANNE M. TOMPKINS, UNITED STATES ATTORNEYs/ Jennifer A. YoungsAssistant United States AttorneyNCSB# 23925227 West Trade Street, Suite 1650Charlotte, North Carolina 28202Ph: (704) 344-6222Fx: (704) [email protected]
Case 3:09-cr-00067-FDW -DCK Document 238 Filed 04/05/11 Page 1 of 2
IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
UNITED STATES OF AMERICA, ) ) Case No. 3:09CR67-1
vs. ) (Financial Litigation Unit))
ANTHONY JINWRIGHT, )AKA/ANTHONY LEROY JINWRIGHT. )
NOTICE OF LEVY
TO THE ABOVE-NAMED DEFENDANT(S) AND ALL OTHER PERSONS INTERESTED:
TAKE NOTICE that on March 10, 2011, by virtue of an Execution issued out of the above-
named court, in the above-entitled action on March 7, 2011, the United States has levied upon the
property described below and forwarded same to the United State Clerk of Court:
$20,625.81 from the funds located in accounts held by Primerica. Accountsincluding, but not limited to, account number XXXXXX3608, in the name ofAnthony Jinwright, aka/Anthony Leroy Jinwright, at the following address:Primerica, 3120 Breckinridge Boulevard, Duluth, GA 30099.
and all the right, title, and interest of said defendant(s) therein.
THAT THE PARTIES to said action are the United States of America, plaintiff, and Anthony
Jinwright, aka/Anthony Leroy Jinwright, defendant; and that the amount of plaintiff's claim and
demand, as stated in the said Execution, is the sum of $1,279,856.00.
ANNE M. TOMPKINS, UNITED STATES ATTORNEYs/ Jennifer A. YoungsAssistant United States AttorneyNCSB# 23925227 West Trade Street, Suite 1650Charlotte, North Carolina 28202Ph: (704) 344-6222Fx: (704) [email protected]
Case 3:09-cr-00067-FDW -DCK Document 236 Filed 04/05/11 Page 1 of 2
IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
UNITED STATES OF AMERICA, ) ) Case No. DNCW3:09CR67-1
vs. ) (Financial Litigation Unit))
ANTHONY JINWRIGHT, )AKA/ANTHONY LEROY JINWRIGHT. )
WRIT OF EXECUTION
TO THE UNITED STATES MARSHALand FIRST CITIZENS BANK.:
A judgment was entered on December 9, 2010, in the United States District Court for the
Western District of North Carolina, in favor of the United States of America and against the
Defendant, Anthony Jinwright, aka/Anthony Leroy Jinwright, whose last known address is
XXXXXXXXXXX, Cornelius, NC 28031, in the sum of $1,279,856.00. The balance on the account
as of February 24, 2011, is $1,279,856.00.
THEREFORE, YOU ARE HEREBY COMMANDED to levy and/or execute on property
and First Citizens Bank is commanded to turn over property in which the Defendant, Anthony
Jinwright, aka/Anthony Leroy Jinwright, has a substantial nonexempt interest, the said property
being funds located in First Citizens Bank accounts including, but not limited to, account number
XXXXX9116, in the name of Anthony L. Jinwright, aka/Anthony Jinwright, at the following
address: First Citizens Bank, Deposit Operations, Mailcode DAC15, PO Box 27131, Raleigh, NC
27611.
SO ORDERED. Signed: March 22, 2011
Case 3:09-cr-00067-FDW -DCK Document 213 Filed 03/22/11 Page 1 of 1
IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
UNITED STATES OF AMERICA, ) ) Case No. 3:09CR67-2
vs. ) (Financial Litigation Unit))
HARRIET JINWRIGHT, )AKA/HARRIET PORTER. )
NOTICE OF LEVY
TO THE ABOVE-NAMED DEFENDANT(S) AND ALL OTHER PERSONS INTERESTED:
TAKE NOTICE that on March 4, 2011, by virtue of an Execution issued out of the above-
named court, in the above-entitled action on February 25, 2011, the United States has levied upon
the property described below and forwarded same to the United State Clerk of Court:
$21.36 from the funds located in accounts held by Bank of America. Accountsincluding, but not limited to, account number XXX7789, in the name of HarrietJinwright, aka/Harriet Porter, at the following address: Bank of America, 1425 NW62 St, Fort Lauderdale, FL 33309.nd
and all the right, title, and interest of said defendant(s) therein.
THAT THE PARTIES to said action are the United States of America, plaintiff, and Harriet
Jinwright, aka/Harriet Porter, defendant; and that the amount of plaintiff's claim and demand, as
stated in the said Execution, is the sum of $1,285,056.00.
ANNE M. TOMPKINS, UNITED STATES ATTORNEYs/ Jennifer A. YoungsAssistant United States AttorneyNCSB# 23925227 West Trade Street, Suite 1650Charlotte, North Carolina 28202Ph: (704) 344-6222Fx: (704) [email protected]
Case 3:09-cr-00067-FDW -DCK Document 237 Filed 04/05/11 Page 1 of 2