Continuing Garnishment Order — United States v. Shibley, No. 2:22-MC-00073-RSL

Summary

A Continuing Garnishment Order in United States of America v. Eric Shibley, Case No. 2:22-MC-00073-RSL (2:20-CR-00174-JCC-1), Document 14, filed 12/21/22, in the U.S. District Court for the Western District of Washington, with SSK Investments, LLC as Garnishee. The order states that the garnishee's Answer established possession of property in which the judgment debtor has an interest, namely $1,100,000 due under a Promissory Note, and that the court grants the United States' motion under 28 U.S.C. § 3205(c)(7). It directs the garnishee to disburse $66,000 to Cheri Westphal of CW Realty Group, $30,000 to Paul Barrera of North City Law, PC, and $60,484.44 toward a child support obligation. All remaining funds go to the court to be applied to the criminal judgment. The order is dated December 21, 2022.

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“Continuing Garnishment Order — United States v. Shibley, No. 2:22-MC-00073-RSL.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-22-mc-00073-dkt-14-w-d-wash-9fe03ec166/, SHA-256 f4b11d26084fd0817fcae0b0eafbdc106e8ce213008b1f67325861cd3b15f282.

Full text

Case 2:22-mc-00073-RSL Document 14 Filed 12/21/22 Page 1 of 3

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7 UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
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AT SEATTLE
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UNITED STATES OF AMERICA, NO. 2:22-MC-00073-RSL
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Plaintiff, (2:20-CR-00174-JCC-1)
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v.
13 Continuing Garnishment Order
ERIC SHIBLEY,
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Defendant/Judgment Debtor,
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and
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SSK INVESTMENTS, LLC,
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Garnishee.
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A Writ of Continuing Garnishment, directed to Garnishee SSK
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21 Investments, LLC has been duly issued and served upon the Garnishee.

22 Pursuant to the Writ, Garnishee SSK Investments, LLC filed its Answer on
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October 3, 2022, establishing that it has possession, custody, or control of
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property in which Defendant/Judgment Debtor Eric Shibley (Mr. Shibley) has
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an interest, namely $1,100,000 due under a Promissory Note. Doc. no. 6 at
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CONTINUING GARNISHMENT ORDER UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
USDC#: 2:22-MC-00073-RSL / 2:20-CR-00174-JCC-1) - 1 SEATTLE, WA 98101
PHONE: 206-553-7970
Case 2:22-mc-00073-RSL Document 14 Filed 12/21/22 Page 2 of 3

1 3. SSK Investments’ payment to Mr. Shibley is due in monthly installments of
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$220,000, with payment in full due by November 30, 2022. Id.
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After notification that the garnishment proceeding was mailed to Mr.
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Shibley and other potentially interested parties on or about September 21,
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6 2022, no party has objected that the Writ attaches to exempt property or that

7 the United States has failed to comply with statutory requirements. On
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December 1, 2022, the United States moved for entry of a Continuing
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Garnishment Order under 28 U.S.C. § 3205(c)(7) (the “Motion”). The Court
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has considered the Motion and any Response or Reply thereto.
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12 Accordingly, for the reasons stated in the Motion, the Court grants the

13 Motion. Capitalized terms in this Order have the same definitions they are
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given in the Motion. The Court orders as follows:
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The Garnishee, SSK Investments, LLC, shall immediately disburse its
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$1.1 million payment under the Promissory Note, as follows:
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18  $66,000 to Cheri Westphal of CW Realty Group;

19  $30,000 to Paul Barrera of North City Law, PC;
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 $60,484.44 to Mr. Shibley’s outstanding child support obligation
21 if the Continuing Garnishment Order is entered by December 31,
2022, plus $2,359.97 if the Continuing Garnishment Order is
22 entered in January 2023, via check payable to Washington State
23 Support Registry, referencing account number IN 6080460 on the
check’s memo line, and mailed to:
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Washington State Support Registry
25 P.O. Box 45868
26 Olympia, WA 98504-5868

27  All remaining funds to the United States District Court, Western
District of Washington, to be applied to Mr. Shibley’s criminal
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CONTINUING GARNISHMENT ORDER UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
USDC#: 2:22-MC-00073-RSL / 2:20-CR-00174-JCC-1) - 2 SEATTLE, WA 98101
PHONE: 206-553-7970
Case 2:22-mc-00073-RSL Document 14 Filed 12/21/22 Page 3 of 3

1 judgment in Case No. 2:20-CR-00174-JCC, via check payable to
U.S. District Court, Western District of Washington, referencing
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Case Nos. 2:20-CR-00174-JCC-1 and 2:22-MC-00073-RSL on the
3 check’s memo line, and delivered personally or by First Class Mail
to:
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U.S. District Court, Western District of Washington
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Attn: Financial Clerk – Lobby Level
6 700 Stewart Street
Seattle, Washington 98101
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Cheri Westphal and Paul Barrera shall promptly furnish payment instructions
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9 to SSK Investments to facilitate the payments to them.

10 Consistent with the discharge provision of 28 U.S.C. § 3206, SSK
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Investments’ compliance with the disbursement instructions in this Order
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shall discharge its payment obligations to Mr. Shibley under the Promissory
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Note and Deed of Trust. After SSK Investments makes all payments required
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15 by this Order, the Promissory Note shall be deemed paid in full, and such

16 payment shall operate as a matter of law as a request for full reconveyance of
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the Deed of Trust authorizing the trustee under the Deed of Trust to issue and
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record a full reconveyance in the records of the King County Recorder.
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21 Dated this 21st day of December, 2022.
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23 Robert S. Lasnik
24 United States District Judge
Presented by:
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s/ Kyle A. Forsyth
26 KYLE A. FORSYTH, WSBA #34609
27 Assistant United States Attorney

CONTINUING GARNISHMENT ORDER UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
USDC#: 2:22-MC-00073-RSL / 2:20-CR-00174-JCC-1) - 3 SEATTLE, WA 98101
PHONE: 206-553-7970

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