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Home Source documents Court filing — No. 3:21-cr-00269 (Dkt. 105, N.D. Cal.)

Court filing — No. 3:21-cr-00269 (Dkt. 105, N.D. Cal.)

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          Case 3:21-cr-00269-WHO        Document 105      Filed 03/04/26   Page 1 of 4




 1 CRAIG H. MISSAKIAN (CABN 125202)
   United States Attorney
 2 JEFFREY P. MITCHELL (CABN 236225)
   Chief, Criminal Division
 3
   BENJAMIN J. WOLINSKY (CABN 305410)
 4 Assistant United States Attorney
          450 Golden Gate Avenue, Box 36055
 5        San Francisco, California 94102-3495
          Telephone: (415) 436-7303
 6        Fax: (415) 436-6570
          Email: benjamin.wolinsky@usdoj.gov
 7

 8 Attorneys for Plaintiff

 9
                                  UNITED STATES DISTRICT COURT
10
                               NORTHERN DISTRICT OF CALIFORNIA
11
                                      SAN FRANCISCO DIVISION
12

13   UNITED STATES OF AMERICA,              ) CASE NO. CR 21-000269-001 WHO
                                            )
14         Plaintiff,                       )
                                            )
15      v.                                  ) WRIT OF CONTINUING GARNISHMENT
                                            )
16   LEBNITZ TRAN,                          )
                                            )
17         Defendant,                       ) (CRYPTOCURRENCY ACCOUNT)
                                            )
18   ______________________________________ )
                                            )
19   BAM TRADING SERVICES, INC., DBA        )
     BINANCE.US,                            )
20                                          )
           Garnishee.                       )
21                                          )

22

23

24 TO:     BAM Trading Services, Inc., d/b/a Binance.US
           252 NW 29th Street
25         9th Floor, Suite 905
           Miami, FL 33127
26

27 //

28 //

     WRIT OF CONTINUING GARNISHMENT
     CR 21-000269-001 WHO                        1
30
           Case 3:21-cr-00269-WHO           Document 105       Filed 03/04/26      Page 2 of 4




 1          YOU ARE HEREBY COMMANDED TO GARNISH FOR THE BENEFIT OF THE

 2 UNITED STATES OF AMERICA PROPERTY IN YOUR POSSESSION IN WHICH THE

 3 DEFENDANT-JUDGMENT DEBTOR HAS A SUBSTANTIAL NONEXEMPT INTEREST.

 4          The name, last known address, and last four digits of the social security number of the person

 5 who is the defendant-judgment debtor (“defendant”) in this action and whose property is subject to this

 6 Writ are, as follows:

 7                 Lebnitz Tran
                   1539 Rangewood Drive
 8                 San Jose, CA 95138

 9                 Social Security Number (last four digits): XXX-XX-5366

10          This Writ has been issued at the request of the United States of America to enforce the collection

11 of a criminal judgment entered in favor of the United States against the defendant for a debt in the

12 original amount of $1,719,433.00. As of January 26, 2026, there is a balance due of approximately

13 $1,267,110.51, plus interest. Interest accrues at a rate of 4.73% per annum, or $136.85 per day.1

14          The following are the steps that you must take to comply with this Writ. If you have any

15 questions, you should consult with your attorney.

16          1.     Pursuant to 28 U.S.C. § 3205(c)(2)(F), if you have in your custody, control, or possession

17 any property of the defendant in which the defendant has a substantial nonexempt interest, or if you

18 obtain custody, control, or possession of such property while this Writ is in effect, you must
19 immediately withhold such property from the defendant and retain it in your possession until you

20 receive instructions from the Court which will tell you what to do with the property.

21          2.     Pursuant to 28 U.S.C. § 3205(c)(2)(E), you are required to answer this Writ within 10

22 days after service of this Writ upon you. You must answer the Writ even if you do not have in your

23 custody, control, or possession, any property of the defendant. Pursuant to 28 U.S.C. § 3205(c)(4), your

24 answer must state, under oath, the following information:

25                 a.      Whether or not you have in your custody, control, or possession, any property

26                         owned by the defendant in which the defendant has a substantial nonexempt

27
            1
28            The Garnishee may contact Benjamin J. Wolinsky, the undersigned Assistant U.S. Attorney, for
     a current balance associated with the date of anticipated payment.
     WRIT OF CONTINUING GARNISHMENT
     CR 21-000269-001 WHO                            2
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           Case 3:21-cr-00269-WHO          Document 105        Filed 03/04/26      Page 3 of 4




 1                         interest;

 2                 b.      a description of such property and the value of such property;

 3                 c.      a description of any previous garnishments to which such property is subject and

 4                         the extent to which any remaining property is not exempt; and

 5                 d.      the amount of the debt you anticipate owing to the defendant in the future and

 6                         whether the period for payment will be weekly or another specified period.

 7          For your convenience, a form which addresses the above-requested information is attached and

 8 may be used to answer the Writ.

 9          3.     After you complete the answer under oath, pursuant to 28 U.S.C. § 3205(c)(2)(E) and

10 (c)(4), within ten (10) days after service of this Writ upon you, you must mail or deliver the original

11 answer bearing the original signature of the person preparing the answer to the Court at the following

12 address:

13                         Phillip Burton Federal Building
                           & United States Courthouse
14                         Attn: Clerk of Court
                           450 Golden Gate Avenue
15
                           San Francisco, CA 94102
16

17          At the same time you mail or deliver the original answer to the Court, you must also mail or
18 deliver a copy of the original answer to both the defendant and attorney for the United States at the
19 following respective addresses:

20                 Lebnitz Tran
                   1539 Rangewood Drive
21                 San Jose, CA 95138
22                 Benjamin J. Wolinsky
                   Assistant U.S. Attorney
23
                   450 Golden Gate Avenue, 9th Floor
24                 P.O. Box 36055
                   San Francisco, CA 94102
25 //

26 //

27 //

28 //

     WRIT OF CONTINUING GARNISHMENT
     CR 21-000269-001 WHO                            3
30
           Case 3:21-cr-00269-WHO         Document 105        Filed 03/04/26                           Page 4 of 4




 1         Please note that the attached answer form contains a certificate of service which needs to be

 2 completed by the person mailing the copies of the answer to the defendant and the attorney for the

 3 United States, and which needs to be filed with the Court along with the answer.

 4         IF YOU FAIL TO ANSWER THIS WRIT OR FAIL TO WITHHOLD PROPERTY IN

 5 ACCORDANCE WITH THIS WRIT, THE UNITED STATES MAY PETITION THE COURT

 6 FOR AN ORDER REQUIRING YOU TO APPEAR BEFORE THE COURT TO ANSWER THE

 7 WRIT AND TO WITHHOLD PROPERTY IN ACCORDANCE WITH THE WRIT BEFORE

 8 THE APPEARANCE DATE. IF YOU FAIL TO APPEAR OR DO APPEAR AND FAIL TO

 9 SHOW GOOD CAUSE WHY YOU FAILED TO COMPLY WITH THIS WRIT, THE COURT
10 WILL ENTER A JUDGMENT AGAINST YOU FOR THE VALUE OF THE DEFENDANT’S

11 NONEXEMPT INTEREST IN SUCH PROPERTY (INCLUDING NONEXEMPT DISPOSABLE

12 EARNINGS). THE COURT MAY ALSO AWARD A REASONABLE ATTORNEY’S FEE TO

13 THE UNITED STATES AND AGAINST YOU IF THE WRIT IS NOT ANSWERED WITHIN

14 THE TIME SPECIFIED HEREIN AND IF THE UNITED STATES FILES A PETITION

15 REQUIRING YOU TO APPEAR.

16                                                      MARK B. BUSBY,
                                                        Clerk of Court
17                                                      United States District Court
                                                        for the Northern District of California
18
19

20 Dated: March 4, 2026                         By:     __________________________
                                                                                        ATE
                                                                                           S DISTR
                                                        Deputy Clerk     UN
                                                                                      ST

                                                                                Mark B.Busby
                                                                                  D
                                                                                                  IC
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     WRIT OF CONTINUING GARNISHMENT
     CR 21-000269-001 WHO                          4
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