U.S. Department of Justice
United States Attorney
Northern District of Texas
Melisa A, Cis 1100 Conoerce Set, Tid Floor Direc Line (214) 650-4648
‘sistant United Stes Adorn Data, Teas 75242 ax (219) 6598812
September 12, 2017
By first class mail
Barrett Lancaster Brown
‘Street
Dallas, TX 75205
Re: United States v. Barrett Lancaster Brown, No. 3:12-CR-413-01 (N.D. Tex.)
‘Dear Mr. Brown:
‘The enclosed writs of garnishment and supporting documents are served on you pursuant
18 U.S.C. § 3613, and the Federal Debt Collection Procedures Act (FDCPA), 28 U.S.C. §§ 3202
and 3205, to collect your judgment debt, The procedures established under 31 C.F.R. Part 212 for
identifying and protecting federal benefits deposited into accounts at financial institutions do not
apply to this garnishment. Each garnishee is required to withhold all nonexempt property until
further notice, and must not disburse the withholdings to anyone until the court enters an order
directing payment.
Please read the enclosed Clerk’s Notice of Exemptions and Hearing Request Form for
instructions about how you may file a written objection to a garnishee’s answer and request a
hearing. See 28 U.S.C. § 3205(c)(5). You are required by law to state and prove the grounds for
your objection, which must be mailed or delivered with your original signature to the United States
District Clerk, 1100 Commerce Street, Room 1452, Dallas, TX 75242-1003. Please also send
copies to me and the garnishee.
Ifyou are represented by an attorney in this matter, please forward this package to
your attorney. The United States District Clerk will send you written notice of the time, place,
and date of any hearing set by the court.
Very truly yours,
JOHN R. PARKER
UNITED STATES ATTORNEY
Assistant United States Attorney
EnclosuresCase 3:12-cr-00413-L_ Document 113-1 Filed 07/11/17 Page 1of6 PagelD 625
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA,
No. 3:12-CR-413-L
EX PARTE FILING
JROWN,
Defendant,
and
FIRST LOOK MEDIA WORKS, INC.,
MACMILLAN PUBLISHERS, INC.,
and WRITERS HOUSE, LLC,
Gamishees.
CLERK’S NOTICE OF EXEMPTIONS AND HEARING REC ST FORM
You are notified, pursuant to 28 U.S.C. § 3202, that your property is being sought
by the United States of America, which holds a judgment against you in this matter. As
of June 21, 2017, the outstanding balance is:
$890,375.00 Judgment amount
{$_2.300.00) Credits applied to judgment
$888,075.00 Debt balance
Exemptions may protect the property from beinig taken by the United States if you
can show exemptions apply. Below is a summary of the only exemptions that apply to
the enforcement of judgments for criminal fines and restitution under 18 U.S.C. § 3613:
1. Wearing apparel and school books. 26 U.S.C. § 6334(a)(1).
2, Fuel, provisions, furniture, and personal effects that do not exceed $9,200.
26 U.S.C. § 6334(@)(2) & (g).
Clerk's Notice of Exemptions and Hearing Request Form-Page 1Case 3:12-cr-00413-L Document 113-1 Filed 07/11/17 Page 2 of6 PagelD 626
3. Books and tools of a trade, business, or profession that do not excced $4,600.
26 US.C. § 6334(a)(3) & (g)
4, Unemployment benefits. 26 U.S.C. § 6334(a)(4).
5. Undelivered mail. 26 U.S.C. § 6334(a)(5).
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, and annuities based on retired or retainer pay. 26 U.S.C. §
6334(a)(6).
7. Workmen’s compensation. 26 U.S.C. § 6334(a)(7).
8. Judgments for support of minor children, pursuant to a court judgment
entered prior to the date of levy, to contribute to the support of defendant’s
minor children. 26 U.S.C. § 6334(@)(8).
9. Certain service-connected disability payments. 26 U.S.C. § 6334(a)(10).
10. Assistance under Job Training Partnership Act. 26 U.S.C. § 6334(a)(12).
‘You have a right to ask the court to return your property if you think that you do
not owe the debt to the government, or if you think the property the government secks
qualifies under one of the above exemptions.
Ifyou want a hearing, you must notify the court within 20 days after you receive
this notice. Your request must be in writing, and you may use the attached form to
request the hearing. If you are represented by counsel who is an Electronic Case Files
(ECF) system user in the Norther District of Texas, your attorney may file your Claim
for Exemption and Request for Hearing or Transfer Form electronically in ECE.
Otherwise, mail or deliver the original form to the Clerk of the Court, 1100 Commerce
Street, Room 1452, Dallas, TX 75242-1003. See 28 U.S.C. § 3205(c). You must also
(Clerk's Notice of Exemptions and Hearing Request Form-Page 2Case 3:12-cr-00413-L Document 113-1 Filed 07/11/17 Page 3 of6 PagelD 627
mail a copy to Melissa A. Childs, Assistant United States Attomey, 1100 Commerce
Street, Third Floor, Dallas, TX 75242-1699, so the government will know you want a
hearing.
If you are entitled to a hearing, the hearing will take place within five days after
the Clerk of the Court receives your request, if you ask for it to take place that quickly, or
as soon after that as possible. ‘The court wil issue an order advising you of the time,
place, and date of any hearing scheduled,
At the hearing, you may explain to the judge why you believe the property the
government seeks is exempt or why you think you do not owe the debt to the
govemment. If you do not request a hearing, your property may be delivered to the
United States and applied to the debt you owe.
If you think you live outside the federal judicial district where this court is located,
‘you may request, not later than 20 days after you receive this notice, that this proceeding
be transferred by this court to the federal judicial district where you reside. You must
make your request in writing. If you are represented by counsel who is an ECF system
user in the Northen District of Texas, your attorney may file your Claim for Exemption.
and Request for Hearing or Transfer Form electronically in ECF. Otherwise, mail or
deliver the original form to the United States District Clerk, 1100 Commerce Street,
Room 1452, Dallas, TX 75242-1003. See 28 U.S.C. § 3205(c). You must also mail a
copy to Melissa A. Childs, Assistant United States Attorney, 1100 Commerce Street,
Third Floor, Dallas, TX 75242-1699, so the government will know you want the
proceeding transferred.
(Clerk's Notice of Exemptions and Hearing Request Form-Page 3Case 3:12-cr-00413-L Document 113-1 Filed 07/11/17 Page 4 of6 PagelD 628
‘You may use the attached form to claim an exemption and to request a hearing or
transfer; although the Clerk's notice was issued ex parte, your claim for exemption and
request for hearing or transfer form will be publicly filed.
Be sure to keep a copy of this notice for your records. If you have any questions
about your rights or this procedure, you should contact a lawyer, an office of public legal
assistance, or the Clerk of the Court. The Clerk of the Court is not permitted to give legal
advice, but may refer you to other sources of information. uti
TE
9s
yey
Mo
‘Ndr
DATE UNITED STATES DISTRICT 6L¥4
NORTHERN DISTRICT OF TERAS"....27 Hee
“ny, OF TERS
“angi
**TURN PAGE FOR EXEMPTION CLAIM AND REQUEST FOR HEARING FORM**
(Clerk's Notice of Exemptions and Hearing Request Form-Page 4Case 3:12-cr-00413-L_ Document 113-1 Filed 07/11/17 Page 5 of6 PagelD 629
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA,
No, 3:12-CR-413-01
ve
PUBLIC DOCUMENT
BARRETT LAWRENCE BROWN,
Defendant,
and
FIRST LOOK MEDIA WORKS, INC.,
MACMILLAN PUBLISHERS, INC.,
and WRITERS HOUSE, LLC,
Garnishees.
CLAIM FOR EXEMPTIONS,
REQUEST FOR HEARING, AND/OR REQUEST FOR TRANSFER
(J Tthink that the property the garnishee _ is withholding is exempt
under the following applicable exemption(s):
{] I request a [ ] hearing in this district or a [ ] transfer to the federal district where I
reside in the (district) of (tate.
(J Ido not request a hearing in this matter.
understand that this form will be a publicly filed document.
Date Defendant-Judgment Debtor
Address:
Email
Daytime Telephone:
(Claim for Exemptions, Request for Hearing, and/or Request for Transfer-Page 1Case 3:12-cr-00413-L Document 113-1 Filed 07/11/17 Page 6 of6 PagelD 630
CERTIFICATE OF SERVICE
I certify that on this, day of, 2017,
T mailed my claim for exemptions, request for hearing, and/or transfer to the following:
Original to:
Clerk of the Court
Northern District of Texas
United States District Clerk
1100 Commerce Street, Room 1452
Dallas, TX 75242-1003
Copies to:
Melissa A. Childs
Assistant United States Attorney
1100 Commerce Street, Third Floor
Dallas, TX 75242-1699
First Look Media Works, Inc. Macmillan Publishers, Inc.
‘The Corporation Trust Co. Farrar, Straus and Giroux
1209 Orange St. Wendy Szymanski
Wilmington DE 19801 Assistant General Counsel
18 West 18" Street
New York, NY 10011
Writers House, LLC
21 West 26th Street
New York, NY 10010
BARRETT LAWRENCE BROWN
Claim for Exemptions, Request for Hearing, and/or Request for Transfer- Page 2Case 3:12-cr-00413-L_ Document 117 Filed 07/12/17 Page 1of 2 PagelD 653
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA,
No. 3:12-CR-413-L.
v
EX PARTE FILING
BARRETT LANCASTER BROWN,
Defendant,
and
FIRST LOOK MEDIA WORKS, INC.,
MACMILLAN PUBLISHERS, INC.,
and WRITERS HOUSE, LLC,
Gamishees.
ORDER EXTENDI!
ITS OF GARNISHM1
Before the court is the United States’ Ex Parte Motion to Correct Misnomer in
Defendant’s Name, filed July 11,2017. The United States’ requests the court to correct a
misnomer in Defendant’s middle name from “Lawrence” to “Lancaster” in the ex parte
gamishment documents (Dts. 111 through 115). After consideration, the court determines
that the motion should be and is hereby granted.
‘The court hereby orders, ex parte, that the application (Dkt. 111), order for issuance
of writs of garnishment (Dkt. 112), clerk's notice and writs of garnishment (Dkts. 113, 114,
and 115) containing the misnomer of Defendant’s name as “Barrett Lawrence Brown” are
hereby corrected and extended to apply to all nonexempt property and rights to property of
“Barrett Lancaster Brown” when this order is served upon garnishees First Look Media
Works, Inc., Macmillan Publishing, Inc., and Writers House, LLC and their successors,
Ex Parte Order Extending Writs of Garnishment ~ Page 1Case 3:12-cr-00413-L Document 117 Filed 07/12/17 Page 2 of 2 PagelD 654
affiliates and/or assigns. The clerk must maintain these documents and this order with their
ex parte restriction and not make them publicly available until the United States certifies
that it has completed service of process on the writs. The United States shall promptly
notify the clerk when service of process is complete, at which time the clerk shall lift the
ex parte restriction, so that all ex parte filings related to this matter are accessible in the
same manner as other public documents,
It is so ordered this 12th day of July, 2017,
‘Sam A. Lindsay
United States District Judge
Ex Parte Order Extending Writs of Garnishment ~ Page 2Case 3:12-c'-00413-L_ Document 116 *SEALED* Filed 07/11/17 Page 1of2 PagelD 649
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS,
DALLAS DIVISION
UNITED STATES OF AMERICA,
No. 3:12-CR-413-L.
v
EX PARTE FILING
BARRETT LAWRENCE BROWN,
BARRETT LANCASTER BROWN,
Defendant,
and
FIRST LOOK MEDIA WORKS, INC.,
MACMILLAN PUBLISHERS, INC.,
and WRITERS HOUSE, LLC,
Gamishees.
MOTION TO CORRECT MISNOMER IN DEFENDANT’S NAME
‘The United States of America moves to correct a misnomer in the defendant’s
middle name from “Lawrence” to “Lancaster” in the ex parte gamishment documents
(Dkts. 111 through 115) and requests entry of an ex parte order extending the issued
process to each garnishee to disclose and withhold any substantial nonexempt property
belonging, due, or owing to the defendant “Barrett Lancaster Brown” pursuant to 18
ULS.C. § 3613 and 28 U.S.C. §§ 3002, 3202, and 3205.
Respectfully submitted,
JOHN R. PARKER
UNITED STATES ATTORNEY
/s/ Melissa A. Childs
MELISSA A. CHILDS
Assistant United States AttorneyCase 3:12-cr-00413-L Document 116 *SEALED* Filed 07/11/17 Page 2 of2 PagelD 650
Illinois Bar No. 6273797
1100 Commerce Street, Third Floor
Dallas, TX 75242-1699
Telephone: 214-659-8600
Facsimile: 214-659-8812
melissa.childs@usdoj.govCase 3:12-cr-00413-L Document 115 Filed 07/11/17 Page 1of3 PagelD 640
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA,
No. 3:12-CR-413-L
‘ EX PARTE FILING
BARRETT LAWRENCE BROWN,
Defendant,
and
WRITERS HOUSE, LLC,
Garnishee.
WRIT OF GARNISHMENT
TO: Writers House, Lle
21 West 26th Street
New York, NY 10010
An application for writ of garnishment seeking property belonging to or due
defendant-judgment debtor Barrett Lawrence Brown has been filed with this court to
enforce a judgment for the United States in this matter. As of June 21, 2017, the
outstanding debt balance is $888,075.00.
Pending further order of this court, you shall withhold and retain all property in
which Brown, has a substantial nonexempt interest and for which you are or may become
indebted to Brown, including but not limited to any publishing advances, commissions,
or royalties, or nonexempt disposable earnings. See 28 U.S.C. § 3205(c)(2\(F). The
United States is entitled to 25% of each periodic payment due or owing to Brown from
Writ of Garnishment ~ Page 1Case 3:12-cr-00413-L Document 115 Filed 07/11/17 Page 2 of 3 PagelD 641
gamishee as his nonexempt disposable earnings. The maximum subject to garnishment
from periodic payments is 25% of disposable earnings for a week, or the amount by
which disposable earnings for a week exceed 30 times the federal minimum hourly wage.
See 15 U.S.C. § 1673; 18 US.C. § 3613(a); and 28 U.S.C. § 3002(9).
Under federal law, the amount of earnings that may be applied toward a judgment
is limited to the lesser of (i) 25% of disposable earnings for a week; or (ii) the amount by
which disposable earnings for a week exceed 30 times the federal minimum hourly wage.
‘See 15 USC. § 1673; and 28 U.S.C. § 3002(9). Pursuant to 15 U.S.C. § 1674(a), the
gamishee is prohibited from discharging Brown from employment by reason of the fact
that his earnings have been subjected to garnishment for any one indebtedness.
Property that is exempt and not subject to this writ is listed in the enclosed Clerk's
Notice. Do not deliver the property to the Clerk of the Court at this time. Instead,
withhold and retain the property until the court orders its distribution. Jd.
You are required by law to file an answer within 10 days of your receipt of this
‘writ advising the court whether you hold or will hold substantial nonexempt property for
Brown. If you are represented by counsel who is an Electronic Case Files (ECF) system
user in the Northern District of Texas, your attomey may file your answer electronically
' “Barings” means compensation paid or payable for personal services, whether denominated as wages,
salary, commission, bonus. or otherwise, and includes periodic payments to a pension or retirement
program; “Disposable earnings” means that part of earnings remaining afterall deductions required by
law have been withheld; and “Nonexempt disposable earnings” means 25 percent of disposable earnings.
See 15 U.S.C. § 1672; and 28 USC. §§ 3002(5)-(6) and (9). The maximum subject to garnishment from
periodic payments is 25% of disposable earnings for a week or the amount by which disposable earnings
for a weck excced 30 times the federal minimum hourly wage. See, e.g, 15 US.C. § 1673 and 18 US.C.
§3613(a)(3).
Writ of Garnishment~ Page?Case 3:12-cr-00413-L_ Document 115 Filed 07/11/17 Page 3of3 PagelD 642
in ECF. Otherwise, mail or deliver the original answer to the Clerk of the Court, 1100
Commerce Street, Room 1452, Dallas, TX 75242-1003. See 28 U.S.C. § 3205(c). A
sample Answer Form is enclosed for your convenience; although this writ was issued ex
arte, your answer will be publicly filed.
Ifyou fail to answer this writ or withhold property in accordance with this writ,
the United States may petition this court for an order requiring you to appear before this,
court to answer this writ and withhold property before the appearance date. See 28
U.S.C. § 3205(c)(6). If you fail to answer, or appear and fail to show good cause why
you failed to comply with this writ, the court shall enter a judgment against you for the
value of the substantial nonexempt property that should have been withheld and/or award
areasonable attomey’s fee to the United States. Id,
Signed this__\\ day of __\v dy 2017.
wl
SSI
Writ of Garnishment — Page 3Case 3:12-cr-00413-L_ Document 113 Filed 07/11/17 Page 1of3 PagelD 622
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA,
No, 3:12-CR-413-L
a EX PARTE FILING
BARRETT LAWRENCE BROWN,
Defendant,
and
FIRST LOOK MEDIA WORKS, INC.,
Gamishee.
WRIT OF GARNISHMENT
TO: First Look Media Works, Inc.
‘The Corporation Trust Co.
1209 Orange St.
Wilmington, DE 19801
An ex parte application for writ of gamishment seeking property belonging to or
due defendant-judgment debtor Barrett Lawrence Brown has been filed with this court to
enforce a judgment for the United States in this matter. As of June 21, 2017, the
outstanding debt balance is $888,075.00.
Pending further order of this court, you shall withhold and retain all property in,
which Brown, has a substantial nonexempt interest and for which you are or may become
indebted to Brown, including but not limited to any publishing advances, commissions,
or royalties, nonexempt disposable earnings. See 28 U.S.C. § 3205(c)(2)(F). The United
States is entitled to 25% of each periodic payment due or owing to Brown from garnishee
Writ of Garnishment ~ Page 1Case 3:12-cr-00413-L Document 113 Filed 07/11/17 Page 2 of 3 PagelD 623
as his nonexempt disposable earings.’ The maximum subject to garnishment from
periodic payments is 25% of disposable earnings for a week, or the amount by which
disposable carnings for a week exceed 30 times the federal minimum hourly wage. See 15
USL. § 1673; 18 USC. § 3613(a); and 28 U.S.C. § 3002(9).
‘Under federal law, the amount of earnings that may be applied toward a judgment
is limited to the lesser of (i) 25% of disposable earnings for a week; or (ii) the amount by
which disposable earnings for a week exceed 30 times the federal minimum hourly wage.
See 15 U.S.C. § 1673; and 28 U.S.C. § 3002(9). Pursuant to 15 U.S.C. § 1674(a), the
gamishee is prohibited from discharging Brown from employment by reason of the fact,
that his earnings have been subjected to garnishment for any one indebtedness.
Property that is exempt and not subject to this wrt is listed in the enclosed Clerk’s
Notice. Do not deliver the property to the Clerk of the Court at this time. Instead,
withhold and retain the property until the court orders its distribution, 1d.
You are required by law to file an Answer within 10 days of your receipt of this
writ advising the court whether you hold or will hold substantial nonexempt property for
Brown, If you are represented by counsel who is an Electronic Case Files (ECF) system
user in the Northern District of Texas, your attomey may file your Answer electronically
| “Earnings” means compensation paid or payable for personal services, whether denominated as wages,
salary, comission, bonus, or otherwise, and includes periodic payment to a pension or retirement
program; “Disposable earnings” means that part of earnings remaining after all deductions required by
law have been withheld; and “Nonexempt disposable eamings” means 25 percent of disposable earings.
See 15 US.C. § 1672; and 28 U.S.C. §§ 3002(5)-6) and (9). ‘The maximum subject to garnishment from
periodie payments is 25% of disposable earnings fora week or the amount by which disposable earings
fora week exceed 30 times the federal minimum hourly wage. See, eg, 15 U.S.C. § 1673 and 18 U.S.C.
$3613).
Writ of Garnishment — Page2Case 3:12-cr-00413-L Document 113 Filed 07/11/17 Page 3of3 PagelD 624
in ECF. Otherwise, mail or deliver the original answer to the Clerk of the Court, 1100
‘Commerce Street, Room 1452, Dallas, TX 75242-1003. See 28 U.S.C. § 3205(¢). A
sample Answer Form is enclosed for your convenience; although this writ was issued ex
parte, your answer will be publicly filed.
If you fail to answer this writ or withhold property in accordance with this writ,
the United States may petition this court for an order requiring you to appear before this
‘court to answer this writ and withhold property before the appearance date. See 28
USC. § 3205(c)(6). If you fail to answer, or appear and fail to show good cause why
you failed to comply with this writ, the court shall enter a judgment against you for the
value of the substantial nonexempt property that should have been withheld and/or award
a reasonable attomey’s fee to the United States. Id,
Signedthis___\\.
Writ of Garnishment — Page 3Case 3:12-cr-00413-L_ Document 114 Filed 07/11/17 Page 1 0f3 PagelD 631
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS,
DALLAS DIVISION
UNITED STATES OF AMERICA,
No, 3:12-CR-413-L
v.
EX PARTE FILING
BARRETT LAWRENCE BROWN,
Defendant,
and
MACMILLAN PUBLISHERS, INC.,
Gamishee.
WRIT OF GARNISHMENT
TO: Macmillan Publishers, Inc.
Farrar, Straus and Giroux
Wendy Szymanski
Assistant General Counsel
18 West 18" Street
‘New York, NY 10011
‘An application for writ of garnishment seeking property belonging to or due
defendant-judgment debtor Barrett Lawrence Brown has been filed with this court to
enforce a judgment for the United States in this matter. As of June 21, 2017, the
outstanding debt balance is $888,075.00.
Pending further order of this court, you shall withhold and retain all property in
which Brown, has a substantial nonexempt interest and for which you are or may become
indebted to Brown, including but not limited to any publishing advances, commissions,
or royalties, nonexempt disposable earnings. See 28 U.S.C. § 3205(c\2)(F). The United
‘Writ of Garnishment — Page 1Case 3:12-cr-00413-L Document 114 Filed 07/11/17 Page 2 of 3 PagelD 632
States is entitled to 25% of each periodic payment due or owing to Brown from gamishee
as his or her nonexempt disposable earnings.’ ‘The maximum subject to garnishment
from periodic payments is 25% of disposable earnings for a week, or the amount by
which disposable earnings for a week exceed 30 times the federal minimum hourly wage
See 15 U.
. § 1673; 18 U.S.C. § 3613(a); and 28 U.S.C. § 3002(9)
Under federal law, the amount of earnings that may be applied toward a judgment
is limited to the lesser of () 25% of disposable eamings for a week; or (ii) the amount by
which disposable earnings for a week exceed 30 times the federal minimum hourly wage.
See 15 U.S.C. § 1673; and 28 U.S.C. § 3002(9). Pursuant to 15 U.S.C. § 1674(a), the
gamishee is prohibited from discharging Brown from employment by reason of the fact
that his earings have been subjected to garnishment for any one indebtedness.
Property that is exempt and not subject to this writ is listed in the enclosed Clerk’s
Notice. Do not deliver the property to the Clerk of the Court at this time. Instead,
withhold and retain the property until the court orders its distribution. Id.
You are required by law to file an answer within 10 days of your receipt of this
writ advising the court whether you hold or will hold substantial nonexempt property for
Brown. If you are represented by counsel who is an Electronic Case Files (ECF) system
‘Eamings” means compensation paid or payable for personal services, whether denominated as wages,
salary, commission, bonus, or otherwise, and includes periodic payments to a pension or retirement
program; “Disposable earnings” means that part of earnings remaining afte all deductions required by
law have been withheld; and "Nonexempt disposable earnings” means 25 percent of disposable earnings.
See 15 ULS.C. § 1672; and 28 U.S.C. §§ 3002(5)-(6) and (9). ‘The maximum subject to garnishment from
periodic payments is 25% of disposable earnings for a week or the amount by which disposable earings
for a week exceed 30 times the federal minimum hourly wage. See, e.g, 15 U.S.C. § 1673 and 18 U.S.C.
§ 3613(ay3).
Writ of Garnishment ~ Page 2Case 3:12-cr-00413-L Document 114 Filed 07/11/17 Page 3 of 3 PagelD 633
user in the Northern District of Texas, your attomey may file your answer electronically
in ECE. Otherwise, mail or deliver the original answer to the Clerk of the Court, 1100
Commerce Street, Room 1452, Dallas, TX 75242-1003. See 28 U.S.C. § 3205(c). A
sample Answer Form is enclosed for your convenience; although this writ was issued ex
parte, your answer will be publicly filed.
If you fail to answer this writ or withhold property in accordance with this writ,
the United States may petition this court for an order requiring you to appear before this
court to answer this writ and withhold property before the appearance date, See 28
USS.C. § 3205(c)(6). If you fail to answer, or appear and fail to show good cause why
you failed to comply with this writ, the court shall enter a judgment against you for the
value of the substantial nonexempt property that should have been withheld and/or award
areasonable attomey’s fee to the United States. id.
Signed this__\\ day of. Sully at,
a
‘Writ of Garnishment ~ Page 3Case 3:12-cr-00413-L_ Document 112 Filed 07/10/17 Page 1of2 PagelD 620
IN THE UNITED STATES DISTRICT COURT,
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA,
No. 3:12-CR-413-L
v.
EX PARTE FILING
BARRETT LAWRENCE BROWN,
Defendant,
and
FIRST LOOK MEDIA WORKS, IN
MACMILLAN PUBLISHERS, INC.,
and WRITERS HOUSE, LLC,
Gamishees
ORDER FOR ISSUANCE OF WRITS OF GARNISHMENT.
Before the court is the United States’ Ex Parte Application for Writs of
Gamishment, filed July 6, 2017. The United States’ requests writs of garnishment to
gamishees First Look Media Works, Inc., Macmillan Publishing, Inc., and Writers House,
LLC and their successors, affiliates and/or assigns, for substantial nonexempt property
belonging to or due the defendant-judgment debtor, Barrett Lawrence Brown. After
consideration, the court finds that the application meets the requirements of 18 U.S.C. §
3613 and 28 USS.C. § 3205, and determines that the application should be and is hereby
granted.
‘The court orders that the clerk of the court issue writs of gamishment and a clerk's,
notice of garnishment to the garnishees, and that the clerk provide them to the United
Ex Parte Order for Issuance of Writs of Garnishment ~ Page 1Case 3:12-cr-00413-L_ Document 112 Filed 07/10/17 Page 2o0f2 PagelD 621
States, The clerk must maintain these documents, the application for writs of garnishment,
and this order with their ex parte restriction and not make them publicly available until the
United States certifies that it has completed service of process on the writs. ‘The United
States shall promptly notify the clerk when service of process is complete, at which time
the clerk shall lift the ex parte restriction, so that all ex parte filings related to this matter
are accessible in the same manner as other public documents,
Pursuant to 28 U.S.C. § 3202(c), the United States shall serve each garnishee with
a copy of the application, writ of garnishment, clerk’s notice of garnishment, and answer
form with instructions for compliance. After the gamishees have been served, the United
States shall serve the defendant-judgment debtor with those documents.
Counsel for the United States shall certify that each person whom the United States
has reasonable cause to believe has an interest in the property, subject to the writs of
garnishment, has been served at least 20 days before filing a motion for a disposition order
under 28 U.S.C. § 3205(c)(7).
It is so ordered this 10th day of July, 2017.
Sam A. Lindsay
United States District Judge
Ex Parte Order for Issuance of Writs of Garnishment ~ Page 2Case 3:12-cr-00413-L_ Document 111 (Ex Parte) Filed 07/06/17 Page 1 of 3 PagelD 600
IN THE UNITED STATES DISTRICT COURT,
FOR THE NORTHERN DISTRICT OF TEXAS,
DALLAS DIVISION
UNITED STATES OF AMERICA,
Nos. 3:12-CR- 413-L
EX PARTE FILING
BARRETT LAWRENCE BROWN,
Defendant,
and
FIRST LOOK MEDIA WORKS, IN
MACMILLAN PUBLISHERS, INC.,
and WRITERS HOUSE, LLC,
Gamishees.
APPLICATION FOR WRITS OF GARNISHMENT
‘The United States of America applies, ex parte, pursuant to 18 U.S.C. § 3613 and
28 U.S.C. §§ 3002, 3202, and 3205 of the Federal Debt Collection Procedures Act
(EDCPA) for issuance of a writs of garnishment for substantial nonexempt property
belonging to or due defendant-judgment debtor, Barrett Lawrence Brown, as follows:!
1. This court entered judgment against Brown on January 22, 2015, and the
outstanding balance as of June 21, 2017 is:
$890,375.00 Judgment amount
($2,300.00) Credits applied to judgment
$888,075.00 Debt balance
' Applications for FDCPA writs are necessarily submitted ex parte without notice to judament debtors
and their insiders until after the process has been served on whomever is holding the subject property to
prevent the transfer or dissipation of non-exempt assets. Once the United States certifies that process has
‘been served, the ex parte restriction on this application and its related filings may be lifted
Ex Parte Application for Writs of Garnishment — Page 1Case 3:12-cr-00413-L_ Document 111 (Ex Parte) Filed 07/06/17 Page 2 of 3 PagelD 601
2. Pursuant to 18 U.S.C. § 3613(c), upon entry of judgment, a lien arose
against all of the defendant’s property and rights to property.
3. The defendant-judgment debtor’s full name is Barrett Lawrence Brown,
social security number is ***-*#.0651, and his last known address is in Dallas, TX.?
More than 30 days has elapsed since demand for payment of the debt was made, and
Brown has not paid the amount due,
4, To enforce the judgment entered against Brown in this matter, the United
States requests that writs of garnishment be issued for service upon the gamnishees. The
names and addresses of the garnishees and their authorized agents are:
First Look Media Works, Inc. Macmillan Publishers, Inc.
The Corporation Trust Co. Farrar, Straus and Giroux
1209 Orange St. Wendy Szymanski
Wilmington DE 19801 Assistant General Counsel
18 West 18th Street
New York, NY 10011
Writers House, LLC
21 West 26th Street
New York, NY 10010
5. The United States believes the garnishees and their affiliates, successors, or
assigns to be in possession, custody, or contro! of substantial nonexempt property
belonging to or due Brown, including but not limited to any publishing advances,
2 Pursuant to FED. R. CRIM. P. 49.1, the defendant’s social security number has been redacted to the last
four digits and the defendant's home address has been redacted to the city and state to prevent public
disclosure. Upon request of the court, the full social security number and address will be provided in
Ex Parte Application for Writs of Garnishment ~ Page 2Case 3:12-cr-00413-L_ Document 111 (Ex Parte) Filed 07/06/17 Page 3of3 PagelD 602
commissions, or royalties, and nonexempt disposable earnings. Under federal law, the
amount of earnings that may be applied toward a judgment is limited to the lesser of (i)
25% of disposable earnings for a week; or (ji) the amount by which disposable earnings
for a week exceed 30 times the federal minimum hourly wage. See 15 U.S.C. § 1673;
and 28 U.S.C. § 3002(9).
6. Pursuant to 15 U.S.C. § 1674(a), garnishees are prohibited from
discharging Brown from employment by reason of the fact that his earings have been
subjected to garnishment for any one indebtedness,
7. After the gamishees have been served, pursuant to 28 U.S.C. § 3202(c), the
United States will serve Brown, and each person whom the United States has reasonable
cause to believe has an interest in the property subject to the writs of garnishment,
Respectfully submitted,
JOHN R. PARKER,
UNITED STATES ATTORNEY
/s/ Melissa A. Childs
MELISSA A. CHILDS
Assistant United States Attorney
Illinois Bar No. 6273797
1100 Commerce Street, Third Floor
Dallas, TX 75242-1699
Telephone: 214-659-8600
Facsimile: 214-659-8812
melissa.childs@usdoj.gov
‘means compensation paid or payable for personal services, whether denominated as wages,
salary, commission, bonus, or otherwise, and includes periodic payments to a pension or retirement
program. “Disposable earnings” means that part of earnings remaining after all deductions required by
Jaws have been withheld. “Nonexempt disposable earnings” means 25 percent of disposable earnings. 28
U.S.C. §§ 3002(5)-(6) and (9) (same as Section 302 of the Consumer Credit Protection Act (CCPA), 15
USC. § 1672)
Ex Parte Applies
for Writs of Garnishment ~ Page 3