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United States v. Reis and Hockridge, N.D. Tex. No. 4:24-cr-00287-O, Doc. 433: Government's response and cross-motion for a final order of garnishment (2026-02-19)

Summary

The United States of America's Response to Defendants' Objections and Cross-Motion for Final Order of Garnishment, Document 433, filed February 19, 2026 in United States v. Reis and Hockridge, No. 4:24-CR-287-O, in the U.S. District Court for the Northern District of Texas. The government states that it obtained writs of garnishment directed to trust accounts to recover part of the restitution (over $60 million) that the Court ordered. It argues that the defendants failed to comply with the service requirement of § 3205, lack standing to litigate property rights they disclaim, and that the trusts hold the assets as nominees or received fraudulent transfers. It asks the Court to deny the objections and requests for a hearing and to enter a final order of garnishment.

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“United States v. Reis and Hockridge, N.D. Tex. No. 4:24-cr-00287-O, Doc. 433: Government's response and cross-motion for a final order of garnishment (2026-02-19).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/united-states-v-reis-and-hockridge-n-d-tex-no-4-24-cr-00287-o-doc-433-3089af72cf/, SHA-256 7a2d7269b30c9e907ebeb8d809932771cedece6df5532748278d5e5bd0f68a8d.

Full text

Case 4:24-cr-00287-O    Document 433     Filed 02/19/26     Page 1 of 21     PageID 12788



                       IN THE UNITED STATES DISTRICT COURT
                       FOR THE NORTHERN DISTRICT OF TEXAS
                               FORT WORTH DIVISION

  UNITED STATES OF AMERICA
                                                       No. 4:24-CR-287-O
  v.

  NATHAN REIS (01) and
  STEPHANIE HOCKRIDGE
  A.K.A. STEPHANIE REIS (02),

                           Defendants,

  and

  BALENTINE LLC and SEI PRIVATE
  TRUST COMPANY,

                           Garnishees.


   UNITED STATES OF AMERICA’S RESPONSE TO DEFENDANTS’ OBJECTIONS
         AND CROSS-MOTION FOR FINAL ORDER OF GARNISHMENT



                                            RYAN RAYBOULD
                                            UNITED STATES ATTORNEY

                                            Saurabh Sharad
                                            Assistant United States Attorney
                                            New York Bar No. 5363825
                                            1100 Commerce Street, Third Floor
                                            Dallas, Texas 75242-1699
                                            Telephone: 214-659-8600
                                            Facsimile: 214-659-8807
                                            saurabh.sharad@usdoj.gov

                                            Attorneys for the United States of America
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                                                    TABLE OF CONTENTS

 INTRODUCTION......................................................................................................................... 1
 BACKGROUND ........................................................................................................................... 1
 ARGUMENT AND AUTHORITIES .......................................................................................... 3
    I.         The defendants failed to comply with § 3205’s service requirement. ................................ 4
    II.        The defendants lack standing to litigate property rights they disclaim. ............................. 6
    III. The defendants’ objections fail on the merits. .................................................................... 7
          A.      The trusts hold the restrained assets as the defendants’ nominees. ................................ 7
          B.      Alternatively, the transfers to the trusts are fraudulent under the FDCPA. .................. 11
           i.        The defendants had actual intent to hinder or delay a creditor. .............................. 12
           ii.       The defendants reasonably should have believed they would incur millions in debt
                     when funding their trusts. ......................................................................................... 13
          C.      Balentine is a proper garnishee. .................................................................................... 13
          D.      Hockridge’s separate objections are meritless. ............................................................. 14
    IV. No evidentiary hearing is warranted. ................................................................................ 15
    V.         The Court should enter a final order of garnishment. ....................................................... 16
 CONCLUSION ........................................................................................................................... 16




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                                               TABLE OF AUTHORITIES

 Federal Cases
 BMG Music v Martinez,
   74 F.3d 87 (5th Cir. 1996) ...................................................................................................... 12
 Crimson Ventures & Consulting LLC v. United States,
    2024 WL 3841614 (N.D. Tex. Aug. 14, 2024) ...................................................................... 10
 F.T.C. v. Nat’l Bus. Consultants, Inc.,
    376 F.3d 317 (5th Cir. 2004) .................................................................................................. 12
 G.M. Leasing Corp. v. United States,
   429 U.S. 338 (1977) ................................................................................................................. 7
 Nassar Fam. Irrev. Tr. v. United States,
   2016 WL 5793737 (S.D.N.Y. Sept. 30, 2016), aff’d, 699 F. App’x 46 (2d Cir. 2017) .. 8-9, 11
 Oxford Cap. Corp. v. United States,
    211 F.3d 280 (5th Cir. 2000) .................................................................................................... 8
 SEC v. Connectajet.com, Inc.,
   2016 WL 740358 (N.D. Tex. Feb. 25, 2016) ........................................................................... 5
 United States v. Atkins,
   2016 WL 7240594 (N.D. Tex. Nov. 4, 2016) report and recommendation
   adopted, 2016 WL 7240595 (N.D. Tex. Dec. 14, 2016) ...................................................... 4-5
 United States v. Blevins,
   403 F. App’x 101 (7th Cir. 2010) ........................................................................................ 5, 15
 United States v. Bradley,
   2010 WL 11565398 (W.D. La. Aug. 27, 2010)......................................................................... 6
 United States v. Brantley,
   2019 WL 8012585 (N.D. Tex. Nov. 8, 2019) (O’Connor, J.). ................................................ 13
   816 F. App’x 934 (5th Cir. 2020). ........................................................................................... 13
 United States v. Burnett,
   2010 WL 3941906 (S.D. Tex. Oct. 7, 2010), aff’d, 452 F. App’x 569 (5th Cir. 2011) ........... 8
 United States v. Crowther,
   473 F. Supp. 2d 729 (N.D. Tex. 2007) .................................................................................. 4-6
 United States v. Dolenz,
   2011 WL 4351558 (N.D. Tex. Jun. 16, 2011) report and recommendation
   adopted, 2011 WL 4348295 (N.D. Tex. Sept. 15, 2011) ............................................... 7-8, 10




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 United States v. Elliot,
   149 F. App’x 489 (7th Cir. 2005) ............................................................................................ 6
 United States v. Eversoff,
   270 F. App’x 75 (2d. Cir. 2008) ............................................................................................. 11
 United States v. Ingelman,
   2013 WL 12137733 (N.D. Tex. Jun. 26, 2013) ............................................................. 5, 14-15
 United States v. Loftis,
   607 F.3d 173 (5th Cir. 2010) ............................................................................................ 11, 13
 United States v. Ogbemudia,
   361 F. App’x 583 (5th Cir. 2010) ........................................................................................... 14
 United States v. Onyeri,
   996 F.3d 274 (5th Cir. 2021) .......................................................................................... 3-4, 14
 United States v. Peterson,
   2018 WL 4084205 (N.D. Tex. Aug. 2, 2018), report and recommendation
   adopted, 2018 WL 4078269 (N.D. Tex. Aug. 27, 2018) .................................................... 5, 15
 United States v. Phillips,
   303 F.3d 548 (5th Cir. 2002) .................................................................................................... 3
 United States v. Rosbottom,
   763 F.3d 408 (5th Cir. 2014) .................................................................................................. 14
 United States v. Steele,
   2019 WL 2411422 (D. Nev. Jun. 7, 2019), aff’d, 30 F. App’x 250 (9th Cir. 2020) ................ 8

 Federal Statutes
 18 U.S.C. § 3613 ............................................................................................................ 3, 7, 14, 16
 18 U.S.C. § 3664 ............................................................................................................................ 3
 Federal Debt Collection Procedures Act,
    28 U.S.C. § 3202 ............................................................................................................ 3-4, 15
    28 U.S.C. § 3205 ............................................................................................................ passim
    28 U.S.C. § 3302 .................................................................................................................... 12
    28 U.S.C. § 3304 .............................................................................................................. 11-13
    28 U.S.C. § 3306 .................................................................................................................... 11




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                                         INTRODUCTION

        The defendants saw PPP loans—intended to assist businesses struggling during the

 COVID-19 pandemic—as business opportunity. As evidence at Hockridge’s trial established

 (and as Reis later admitted), the defendants conspired to generate millions in fraudulent PPP

 loans and, particularly through their company Blueacorn, charged borrowers kickbacks that were

 paid from a percentage of funded loans. The government has since discovered that the

 defendants transferred tens of millions of their newfound wealth to trusts designed to enrich and

 benefit their family. To recover some portion of the over $60 million that the Court ordered the

 defendants to pay in restitution, the government sought and obtained writs of garnishment

 directed primarily to the assets held in those trust accounts. The garnishees answered that they

 hold over $24 million in accounts owned by the defendants or their various family trusts.

        The defendants have now filed objections to the garnishees’ answers under 28 U.S.C.

 § 3205, arguing primarily that their trusts are legitimate estate planning vehicles and that they

 had no intent to defraud the government when they transferred their assets into these trusts.

 Even taking at them at their word, the defendants’ subjective intent is no defense against the

 government’s efforts to hold their trusts liable as nominees. Nor does it preclude a finding that

 the asset transfers were fraudulent under federal law. But the Court need not reach the merits of

 their defenses because defendants have failed to properly place their objections before the Court

 and moreover lack standing to litigate on behalf of their trusts. For all these reasons, the Court

 should deny the defendants’ objections and enter a final order of garnishment.

                                         BACKGROUND

        Both defendants in this matter were convicted for their role in a far-reaching scheme to

 defraud the Paycheck Protection Program out of tens of millions of dollars. This Court




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 sentenced the defendants and ordered them to pay, jointly and severally, over $60 million in

 restitution. See ECF Nos. 362, 390. To enforce the Court’s restitution orders, the government

 sought, obtained, and served writs of garnishment on SEI Private Trust Company (SEI) and

 Balentine LLC (Balentine) under the Federal Debt Collection Procedures Act (FDCPA).

         The garnishees’ answers identify millions in assets owned by the defendants and their

 various trusts. SEI maintains over $24.2 million in accounts registered to the defendants or their

 trusts (roughly $23 million of which is held in trust accounts), ECF No. 408, and Balentine’s

 affiliate acts as general partner for various private investment funds in which the defendants’

 trusts own millions in partnership interests, see ECF No. 397. As explained in the government’s

 Application, see ECF No. 311, these trusts were originally funded by the defendants’ personal

 brokerage accounts. From July to November 2022, Reis transferred over $46 million to the

 Nathan J Reis 2022 Irrevocable Trust and the Nathan J Reis Family Protection Trust (now named

 the Mint Legacy Trust and the Mint Family Trust1), and Hockridge transferred over $29 million

 to the Stephanie Reis 2002 Irrevocable Trust and the Stephanie Reis Family Protection Trust

 (now named the Marietta Legacy Trust and the Marietta Family Trust). Id. at 6-7; see also

 Friedemann Aff. ¶¶ 10-11, ECF No. 311-3; Hockridge PSR ¶ 112, ECF No. 281-1.

         The government sent the garnishment process to the defendants on December 17, 2025.

 See Certificate of Service (ECF No. 432). The government also sent the process to Billy

 Hockridge, Family Trustee for the Mint and Marietta Family Trusts and the Mint and Marietta

 Legacy Trusts, on January 14, 2026. Id. After receiving notice of this garnishment action,

 Defendants each filed timely requests to transfer this proceeding to the District of Puerto Rico

 under 28 U.S.C. § 3004(b)(2) (ECF Nos. 403, 404), which the Court recently denied (ECF No.


 1
   According to Defendants, their trusts were renamed via “‘decanting’—a process whereby the trustee,
 independent of the grantor, transfers preexisting trust assets into secondary trusts.” ECF No. 423 at 5.


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 429). Defendants did not file objections to the garnishment within 20 days of receiving notice of

 the proceeding under 28 U.S.C. § 3202(d); rather, each filed objections to the garnishees’

 answers within 20 days of receiving the answers under § 3205(c)(5). See ECF Nos. 412

 (Hockridge’s Prelim. Obj. to Balentine Answer), 418 (Reis Obj. to Balentine Answer), 420

 (Hockridge Suppl. Obj. to Balentine Answer), 423 (Reis Obj. to SEI Answer); 424 (Hockridge

 Obj. to SEI Answer). The trusts have not filed any objections.

        Defendants do not contest that they transferred millions of their wealth into the trusts at

 issue here. As Hockridge recites (ECF No. 424 at 5), the defendants received “$145 million after

 redeeming their interest in Blueacorn” and then “chose to make generous contributions to these

 trusts” as part of their estate planning. Defendants principally object to the government’s ability

 to reach the property held by the trusts, arguing that they have no interest in or control over the

 trust assets and that they “established the trusts for legitimate estate-planning purposes.” E.g.,

 ECF No. 423 at 1. Defendants also argue that Balentine is not a proper garnishee, see ECF Nos.

 412, 418. Hockridge separately argues that the trusts’ assets are not traceable to defendants’

 crime and mounts a collateral attack on the restitution order itself, see ECF No. 424 at 6-8.

 Defendants do not object to the garnishment of the brokerage accounts in their name.

                               ARGUMENT AND AUTHORITIES

        Under the Mandatory Victims Restitution Act (MVRA), the United States may enforce a

 restitution order using the “practices and procedures for the enforcement of a civil judgment,” 18

 U.S.C. § 3613(a), as well as “all other available and reasonable means.” 18 U.S.C.

 § 3664(m)(1)(A)(ii). The FDCPA is the “federal law that provides the practices and procedures

 for the enforcement of a civil judgment.” United States v. Phillips, 303 F.3d 548, 550-51 (5th

 Cir. 2002). As it did here, “the government often uses the garnishment provisions of the FDCPA




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 to collect restitution obligations imposed in a criminal judgment.” United States v. Onyeri, 996

 F.3d 274, 282 n.7 (5th Cir. 2021).

         The FDCPA provides two statutory avenues for a defendant or interested party to object

 to a garnishment, see 28 U.S.C. §§ 3202(d), 3205(c)(5). As outlined above, both defendants

 declined to file objections to the garnishment under § 3202(d) within the 20-day period allotted

 by statute.2 Instead, they have filed objections to the garnishees’ answers under § 3205(c)(5),

 which permits a party to file a written objection to a garnishee’s answer within 20 days of receipt

 of that answer. The statute requires that the objecting party follow certain requirements to

 properly lodge such an objection: “The party objecting shall state the grounds for the objection

 and bear the burden of proving such grounds. A copy of the objection and request for a hearing

 shall be served on the garnishee and all other parties.” 28 U.S.C. § 3205(c)(5). If a hearing is

 required, the Court may set a hearing within 10 days or “as soon thereafter as is practicable.” Id.

         As explained below, the defendants failed to properly lodge objections under section

 3205 and moreover lack standing to litigate rights to property they disclaim. And even if

 defendants could overcome these initial hurdles, their objections fail on the merits. Their

 objections should be denied.

         I.      The defendants failed to comply with § 3205’s service requirement.

         To begin, the defendants’ objections under § 3205 are not properly before the Court. As

 explained above, § 3205 “imposes procedural requirements,” including that the objecting party

 “serve the objection and request for hearing on the garnishee and all parties.” United States v.

 Crowther, 473 F. Supp. 2d 729, 731 (N.D. Tex. 2007); see also United States v. Atkins, 2016 WL



 2
   Both defendants recently filed amended requests for a hearing in this district, see ECF Nos. 430, 431.
 Neither the original requests nor the amended requests state any objection or identify any other reason for
 a hearing under § 3202(d), so it appears the requests are related only to their § 3202(d) objections.


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 7240594 (N.D. Tex. Nov. 4, 2016) (Ramirez, M.J.) (explaining that party must meet these

 requirements to “properly place an objection under § 3205 before the court”), report and

 recommendation adopted, 2016 WL 7240595 (N.D. Tex. Dec. 14, 2016).

        Both defendants failed to meet this service requirement. The certificates of service on

 each of the defendants’ objections show that the objections were filed electronically and thus

 sent to counsel of record who agreed to accept service via electronic means. But none of the

 defendants’ objections indicate whether the filing was served on the relevant garnishees. Indeed,

 there is no indication from the record that such service was in fact completed. Balentine’s

 answer did not identify any counsel of record who agreed to accept electronic service and SEI’s

 answer explicitly stated that it would accept service only via first class mail, see ECF No. 408.

        A party’s failure to file an objection in accordance with the plain statutory requirements

 “is fatal under section 3205.” Crowther, 473 F. Supp. 2d at 731. Courts in this district have

 routinely rejected objections from parties who fail to comply with § 3205’s service

 requirements—even when that party is proceeding pro se, unlike defendants here. See, e.g.,

 United States v. Peterson, 2018 WL 4084205 (N.D. Tex. Aug. 2, 2018) (Ramirez, M.J.)

 (rejecting § 3205 objection that did not “reflect that it was served on Garnishee”), report and

 recommendation adopted, 2018 WL 4078269 (N.D. Tex. Aug. 27, 2018); SEC v.

 Connectajet.com, Inc., 2016 WL 740358, at *4 (N.D. Tex. Feb. 25, 2016) (rejecting § 3205

 objection where defendant failed to serve garnishee); United States v. Ingelman, 2013 WL

 12137733 (N.D. Tex. Jun. 26, 2013) (concluding pro se party’s failure to serve garnishee

 resulted in failure to lodge “objection within the scope of § 3205(c)(5)”); see also United States

 v. Blevins, 403 F. App’x 101, 103 (7th Cir. 2010) (affirming that pro se defendant’s “objection

 was improper because he failed to serve it on the [garnishee] as required”).




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          Thus, even if defendants’ objections under § 3205 are “proper in substance,” they are

  nonetheless “defective in procedure.” Crowther, 473 F. Supp. 2d at 731. The Court accordingly

  should overrule their objections on this basis alone.

          II.     The defendants lack standing to litigate property rights they disclaim.

          The defendants’ objections fail at the outset for another independent reason: they lack

  standing to litigate rights in property that they entirely disclaim. Their objections focus on the

  property titled to all their various trusts, but they deny having any interest in that property. See,

  e.g., ECF No. 412 (claiming “Ms. Hockridge has no interest in the trusts’ assets”); ECF No. 418

  (“The trusts are separate and distinct entities, not controlled by either Mr. Reis or Balentine.”).

          Defendants may not simultaneously disclaim their interest in these trusts and object to the

  garnishment of the trusts’ property. See United States v. Elliott, 149 F. App’x 489, 494 (7th Cir.

  2005) (defendant’s insistence that garnished funds belonged to separate entity “dooms all his

  arguments because he cannot litigate the rights of a third party”); United States v. Bradley, 2010

  WL 11565398, at *2 (W.D. La. Aug. 27, 2010) (rejecting party’s challenge to garnishment order

  where it was made “for the purpose of protecting a third party’s rights”). The trusts—which

  received notice of the garnishment process over five weeks ago3—are the proper parties to object

  to the garnishment of their own property, but they are apparently content for the defendants to

  advance arguments on their behalf. The trusts’ time to object to the garnishment has since

  elapsed. 28 U.S.C. § 3202(d). Defendants do not have standing to litigate the property rights of

  their trusts, and the Court should overrule their objections on this independent ground as well.




  3
   As stated in the Certificate of Service (ECF No. 432), counsel for the government sent the garnishment
  process to the trusts on January 14, 2025 by sending it via email to Mike Kaeding, counsel for Billy
  Hockridge, Family Trustee for the Mint and Marietta Family Trusts and the Mint and Marietta Legacy
  Trusts. Counsel for the trustee replied to the email and agreed to accept service on behalf of the trustee.


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         III.    The defendants’ objections fail on the merits.

         Even if the Court were to assess the defendants’ objections on the merits, they still fall

  short and should be overruled. Defendants generally insist that the transfer of their wealth to

  their trusts between 2022 and 2023 was “legal and commonplace estate planning.” E.g., ECF

  No. 418 at 4. That argument overlooks the government’s initial contention that the trusts could

  be liable as the “defendants’ alter-egos or nominees,” ECF No. 311 at 8, which defendants

  entirely fail to address. And even taking them at their word, their subjective intent is no defense

  against nominee liability. As explained further below, the preliminary evidence gathered by the

  government shows that the trusts hold the garnished assets as defendants’ nominees or, in the

  alterative, as transferees. See generally Affidavit of Diana Snyder (attached). Defendants have

  failed to meet their burden under section 3205 to show otherwise.

         A.      The trusts hold the restrained assets as the defendants’ nominees.

         The criminal judgment against the defendants created a lien in favor of the United States

  upon all of their “property and rights to property.” 18 U.S.C. § 3613(c). The federal lien is not

  limited to property nominally held by the defendants; rather, it extends to any property held by

  their nominees or alter egos. See G.M. Leasing Corp. v. United States, 429 U.S. 338, 350-51

  (1977); United States v. Dolenz, 2011 WL 4351558, at *1-2 (N.D. Tex. Jun. 16, 2011) (noting

  restitution lien reaches “any property held by a third party as the nominee or alter ego” and

  foreclosing lien upon property titled to nominee trust), report and recommendation adopted,

  2011 WL 4348295 (N.D. Tex. Sept. 15, 2011).

         Although defendants focus on arguing that the transfers were not fraudulent, the Court

  need not reach that question here. The preliminary evidence gathered by the government shows

  that the trusts hold the restrained assets as the defendants’ nominees. When proceeding under a




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  nominee theory—an “independent bas[is] for attaching the property of a third party”—the United

  States may attach “[s]pecific property in which a third person has legal title . . . if the [debtor] in

  fact has beneficial ownership of the property.” Oxford Cap. Corp. v. United States, 211 F.3d

  280, 284-85 (5th Cir. 2000) (citation omitted).

          Determining the true beneficial owner of property is a fact-specific inquiry. In the Fifth

  Circuit, courts generally consider the following non-exclusive factors to establish nominee

  status: “(1) whether adequate consideration was given by the nominee for the property; (2)

  whether the property was placed in the name of the nominee in anticipation of a suit or

  occurrence of liabilities; (3) whether there is a close relationship between the transferor and the

  nominee; (4) whether the conveyance was recorded; (5) whether the transferor retained

  possession of the property; and (6) whether the transferor continued to enjoy the benefits of the

  property.” Dolenz, 2011 WL 4351558, at *2 (citing Oxford Cap. Corp., 211 F.3d at 284 n.1).4

  “No one factor is determinative of nominee status.” Id. (citing United States v. Burnett, 2010 WL

  3941906, at *10 (S.D. Tex. Oct. 7, 2010), aff’d, 452 F. App’x 569 (5th Cir. 2011)). A court

  assessing nominee status “should avoid an over-rigid preoccupation with questions of structure,

  and apply the preexisting and overarching principle that liability is imposed to reach an equitable

  result.” Nassar Fam. Irrev. Tr., 2016 WL 5793737 at *7 (citation omitted). Importantly, “[a]

  nominee finding does not require intent to defraud creditors or hinder collection efforts.” Id.


  4
    As the trusts holding the property are Nevada entities, it appears that Nevada law may apply. The court
  need not definitively rule on the question as the analysis is the same. Although Nevada law “recognizes
  the nominee theory, it does not appear to address the factors necessary to determine whether an entity is
  the nominee of a [debtor].” United States v. Steele, 2019 WL 2411422, at *9 (D. Nev. Jun. 7, 2019),
  aff’d, 30 F. App’x 250 (9th Cir. 2020). Courts applying the nominee theory to Nevada property therefore
  look to the “federal court nominee factors,” which are generally those outlined in Oxford Capital. See id.;
  see also Nassar Fam. Irrev. Tr. v. United States, 2016 WL 5793737, at *8 (S.D.N.Y. Sept. 30, 2016)
  (“Where state law does not explicitly set forth a nominee test, federal courts have looked to the factors
  applied by other courts to determine whether a nominee relationship exists.”), aff’d, 699 F. App’x 46 (2d
  Cir. 2017).


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          The evidence gathered by the government to date shows that the trusts hold the restrained

  property as the defendants’ nominees. First, it is uncontested that the trusts received no

  consideration for the over $70 million in cash that they received from the defendants. Second,

  the evidence suggests that the cash was placed in the trusts’ name in anticipation of a suit or

  liabilities. Even assuming for current purposes that the defendants were engaged in bona fide

  estate planning, defense counsel admits that all were aware of potential restitution liability during

  this time and even “suggested the possibility of sequestering funds from the Reises’ estate

  planning” to account for that liability. ECF No. 424 at 3. And the original naming of the

  trusts—two named as the Reis and Hockridge “Family Protection Trust”—itself suggests that

  they were formed for the express purpose of protecting the defendants’ newfound wealth from

  potential upcoming liabilities. While defendants assert that they were generally unaware of the

  full extent of restitution that they now owe, the test does not require that they be aware of the

  precise contours of any potential liability. Third, there is plainly a close relationship between the

  defendants and their trusts; both defendants were (at least for some time) family trustees of the

  trusts, Snyder Aff. ¶ 9, and one of the current family trustees is Hockridge’s father, see ECF No.

  432. Hockridge moreover admits (ECF No. 412 at 3) that she is a beneficiary of two of the

  trusts. See Nassar Fam. Irrev. Tr., 2016 WL 5793737, at *8 (finding “fact that Nassar is both a

  beneficiary and trustee of the Trust” as “indicative of a close relationship” between them).5

          The fifth and sixth factors, which consider whether the transferors retain possession and

  enjoy the benefits of the transferred property, weigh heavily in favor of nominee liability. Since

  their creation and funding, the trusts have sent millions to the defendants or their entities and

  made significant payments for the defendants’ benefit. The defendants’ continued use and


  5
   The government does not contest that the fourth factor weighs against nominee liability since the
  formation and funding of the trusts appears to have been recorded in accordance with applicable law.


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  enjoyment of the funds they claim to have irrevocably gifted to their trusts is telling evidence

  that they remain the true beneficial owner of the funds subject to garnishment here. As set forth

  with more detail in the attached affidavit, the evidence gathered to date shows the following:

             •   Between 2023 and 2025, the trusts sent at least $13.2 million to the defendants or
                 or their wholly-owned entity directly. Snyder Aff. ¶¶ 11-12. Of this amount, $9.2
                 million was transferred to the defendants’ personal brokerage accounts. Id.

             •   The trusts have sent at least $21 million to the defendants’ various law firms for
                 the defendants’ benefit. Id. ¶ 13. Notably, over $19 million of this amount was
                 transferred on the day before and on the day of Hockridge’s sentencing. Id.

             •   The trusts have transferred over $8 million in connection with the defendants’
                 purchase of their Puerto Rico properties—either by sending cash used to place
                 deposits on the properties or by direct transfer to their entity that nominally
                 purchased one of the properties. Id. ¶¶ 14-15.

  The evidence also shows that Reis continued to exercise control over trust funds by acting as the

  authorized signer for certain distributions from the trusts. Id. ¶ 16. Moreover, Reis is apparently

  instructing or otherwise coordinating with the current trustee to have one of the defendants’

  trusts pay the $2.5 million he was ordered to pay toward restitution within 14 days of sentencing,

  see ECF No. 409. That too makes apparent Reis’s ability to use the trusts’ funds as needed for

  his personal obligations—or, at minimum, his expectation that the trusts will act at his behest.

         In sum, the relationship between the defendants and their trusts bears the archetypal

  hallmarks of a nominee relationship. See, e.g., Crimson Ventures & Consulting LLC v. United

  States, 2024 WL 3841614, at 8 (N.D. Tex. Aug. 14, 2024) (finding nominee relationship where

  party had “very close relationship” with entity and made “personal use” of entity’s funds);

  Dolenz, 2011 WL 4351558, at *2 (defendant’s transfer of property to trust he controlled without

  consideration, continued use and enjoyment of property, and subsequent transfers to other related

  entities rendered the trust his nominee). Furthermore, the fact that the trusts may have been

  validly formed under state law for bona fide “estate planning purposes” “does not bear” on


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  whether the trusts hold any property as nominees; “the ‘critical issue in resolving a nominee . . .

  claim is not motive, but control[.]” Nassar Fam. Irrev. Tr., 2016 WL 5793737, at *10 (quoting

  United States v. Eversoff, 270 F. App’x 75, 77 (2d. Cir. 2008)). Likewise, any argument that

  defendants were “solvent at the time of the transfer is also unavailing” because “the analysis

  focuses on control,” not solvency. Id.

         B.      Alternatively, the transfers to the trusts are fraudulent under the FDCPA.

         In the alternative, the Court should set aside and avoid the defendants’ transfers to the

  trusts as fraudulent under the FDCPA, which provides in relevant part as follows:

                 [A] transfer made or obligation incurred by a debtor is fraudulent
                 as to a debt to the United States, whether such debt arises before or
                 after the transfer is made or the obligation is incurred, if the debtor
                 makes the transfer or incurs the obligation—
                         (A) with actual intent to hinder, delay, or defraud a creditor; or
                         (B) without receiving a reasonably equivalent value in exchange
                         for the transfer or obligation if the debtor—
                                  ....
                                  (ii) intended to incur, or believed or reasonably
                                  should have believed that he would incur, debts
                                  beyond his ability to pay as they became due.

  28 U.S.C. § 3304(b)(1). Section 3306 of the FDCPA permits the United States to avoid such a

  transfer to the extent necessary to satisfy the debt to the United States. Thus, sections 3304(b)(1)

  and 3306 of the FDCPA permit the United States to set aside any transfer, regardless of whether

  the debt to the United States arose before or after the transfer was made, if the debtor either had

  the actual intent to delay a creditor or if the “debtor (i) transferred assets without receiving

  reasonably equivalent value (ii) when he reasonably should have believed he would incur a debt

  beyond his ability to pay.” United States v. Loftis, 607 F.3d 173, 174 (5th Cir. 2010). The

  defendants’ transfers to their trusts are voidable under either section.




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                 i.      The defendants had actual intent to hinder or delay a creditor.

         The FDCPA provides factors (i.e., badges of fraud) that courts may consider when

  determining actual intent under § 3304(b)(1)(A), including whether “the transfer or obligation

  was to an insider,” whether “the debtor retained possession or control of the property transferred

  after the transfer,” whether the debtor received “reasonably equivalent” value for the transfer,

  and whether “the transfer occurred shortly before or shortly after a substantial debt was

  incurred.” See 28 U.S.C. § 3304(b)(2). The FDCPA permits the court to consider any additional

  factors but “does not so require.” F.T.C. v. Nat’l Bus. Consultants, Inc., 376 F.3d 317, 321 n.7

  (5th Cir. 2004). The Fifth Circuit has held that the intent to defraud can be decided as a matter of

  law. See, e.g., BMG Music v Martinez, 74 F.3d 87, 90 (5th Cir. 1996).

         For substantially the same reasons the evidence supports a nominee finding, it also

  supports a finding that the defendants transferred their wealth to the trusts to “with actual intent

  to hinder, delay, or defraud a creditor” under § 3304(b)(1)(A). As explained above, the

  defendants transferred over $70 million to these trusts without receiving any consideration,

  continue to use and enjoy the trust property, and have a close relationship with these trusts.

  Other factors listed by the FDCPA lend additional support to find that they had the requisite

  intent under the statute. The defendants made these transfers “shortly before” they incurred a

  substantial restitution liability, § 3304(b)(2)(J), and—as defendants all but concede—those

  transfers have resulted in the defendants becoming “insolvent shortly after the transfer[s] w[ere]

  made,” § 3304(b)(2)(I). See ECF No. 420 at 3 (admitting that amount ordered in restitution now

  “exceed[s] the value of [defendants’] remaining assets after funding the trusts”); see also 28

  U.S.C. § 3302(b) (“A debtor who is generally not paying debts as they become due is presumed

  to be insolvent.”).




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                 ii.     The defendants reasonably should have believed they would incur millions
                         in debt when funding their trusts.

         The court may also void the transfers under § 3304(b)(1)(B) regardless of the defendants’

  actual intent. It is uncontested that defendants did not receive reasonably equivalent value in

  exchange for the tens of millions they transferred to their trusts. At the time they made these

  transfers, both defendants “should have reasonably believed that [they were] incurring debts

  beyond [their] ability to pay when [they] defrauded . . . the government of millions of dollars.”

  Loftis, 607 F.3d at 177-78. “Having defrauded the government out of a significant sum of

  money, any reasonable person should have believed a criminal investigation would be possible.”

  United States v. Brantley, 2019 WL 8012585, at *5 (N.D. Tex. Nov. 8, 2019) (O’Connor, J.),

  aff’d, 816 F. App’x 934 (5th Cir. 2020).

         This is particularly true here since Reis admitted his guilt for conspiring to commit fraud

  against the government, ECF No. 272, and neither defendant contests that they conducted their

  estate planning while being aware that their company Blueacorn (from which they generated

  their wealth) was being investigated for facilitating a massive PPP fraud scheme—even crediting

  that they perhaps “did not know about [any] imminent indictment a few months later.” Brantley,

  816 F. App’x at 938 (“Brantley knew he had lied to HUD, and because his company had just

  been assessed civil penalties, he should have known criminal prosecution, and thus restitution,

  could lead to debts beyond his ability to pay.”). The court can therefore void the transfers under

  the FDCPA’s constructive fraud prong and need not determine the defendants’ actual intent.

         C.      Balentine is a proper garnishee.

         Defendants also challenge the writ issued to Balentine as improper, arguing that

  Balentine does not have custody of the financial accounts in question (because the assets in those

  accounts are custodied by the other garnishee, SEI), e.g., ECF No. 412 at 2. Even so, Balentine’s



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  answer states that its affiliate “acts as the general partner” for certain partnerships in which the

  trusts are “limited partners in private investment funds.” ECF No. 397 at 3. The FDCPA

  provides that the government may garnish a partnership interest by naming “any partner other

  than the debtor” as the “garnishee on behalf of the partnership.” 28 U.S.C. § 3205(b)(2). The

  writ to Balentine is therefore proper as to each of the trusts’ partnership interests for which its

  affiliate acts as general partner.

          D.      Hockridge’s separate objections are meritless.

          Separately, Hockridge raises two additional objections to the garnishment. Neither has

  merit. Hockridge first asserts that “the assets in the trusts now subject to garnishment are not

  proceeds of any crime.” ECF No. 424 at 6. Even if true, that fact is irrelevant here. The federal

  lien created by the restitution order attaches to “all property and rights to property” of the

  criminal defendant, irrespective of the property’s origin. 18 U.S.C. § 3613(c); see United States

  v. Ogbemudia, 361 F. App’x 583, 583-84 (5th Cir. 2010) (noting government’s efforts to enforce

  restitution order are “distinct from a forfeiture proceeding” and do not require tracing).

          Hockridge also raises a collateral attack on the restitution order itself, alleging that it is

  “constitutionally infirm” because the Court imposed restitution “without any jury findings,” ECF

  No. 424 at 8. This argument is likewise misplaced. “It is well-settled that a defendant may not

  use a garnishment proceeding to challenge the underlying judgment and restitution order in [her]

  case.” Onyeri, 996 F.3d at 281. Moreover, a party raising an objection under § 3205(c)(5) “must

  specifically address the garnishee’s answer, and not the writ of garnishment generally.”

  Ingelman, 2013 WL 12137733, at *2 (emphasis in original). Anyhow, Hockridge’s argument on

  this score is squarely foreclosed by Fifth Circuit precedent. See United States v. Rosbottom, 763

  F.3d 408, 420 (5th Cir. 2014).




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         IV.     No evidentiary hearing is warranted.

         The defendants requested a hearing under § 3205(c)(5) with each of their objections. See,

  e.g., ECF No. 423 at 6. They have also recently filed amended requests for a hearing in this

  district, see ECF Nos. 430, 431. No hearing is warranted here.

         As explained above, the defendants failed to properly place their § 3205(c)(5) objections

  before the Court because they did not comply with the statute’s service requirements. They are

  therefore not entitled to a hearing under that section. See, e.g., Peterson, 2018 WL 4084205, at

  *3 (denying hearing where pro se defendant failed to meet “procedural requirements imposed by

  § 3205”). The “service of [an] objection on [the] garnishee” is a “requirement” for a hearing

  under § 3205. Ingelman, 2013 WL 12137733, at *3 (citing Blevins, 403 F. App’x at 103-04).

  Defendants’ recently filed requests identify no separate basis for any hearing under § 3202, so

  the only grounds they have asserted for a hearing are those contained in their defective

  § 3205(c)(5) objections. Moreover, given that defendants have forfeited their standing to litigate

  the garnishment of the trusts’ property by disclaiming their interests in that property, the Court

  need not (and cannot) hear or determine the merits of their various objections.

         In any event, it does not appear that an evidentiary hearing would serve any useful

  purpose. Defendants do not contest that they sent their assets to the trusts without receiving any

  consideration. And as detailed above, the facts regarding trusts’ use of their assets for

  defendants’ personal purposes are not subject to serious dispute. Even if the Court were to credit

  the defendants’ repeated claims that they transferred their wealth to their trusts as part of a bona

  fide estate planning process, it would not overcome the evidence outlined above that the trusts

  are liable here either as the defendants’ nominees or transferees (or both). Finally, no statute or

  rule requires a hearing when the Court has sufficient evidence before it to enter a judgment.




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         V.      The Court should enter a final order of garnishment.

         Neither defendant has established any valid defense to the garnishment, so the United

  States is entitled to immediate payment under 18 U.S.C. § 3613(a). As the United States has

  complied with all procedural requirements, it now respectfully requests that the Court enter a

  final order of garnishment directing the garnishees to liquidate the accounts and investments

  identified in the answers and pay 100% of those funds to the Clerk of Court in partial satisfaction

  of the defendants’ restitution obligation. For any assets that may be illiquid, the government

  requests that the Court impose a federal lien to ensure that such assets remain restricted and any

  proceeds be sent towards restitution in the event of full or partial liquidation. To ensure fairness,

  the government respectfully suggests that any payment from the trusts be credited to the

  defendant who was the grantor of the relevant trust, as outlined in the proposed order.

                                           CONCLUSION

         Therefore, the United States respectfully requests the Court (1) deny the defendants’

  objections and their associated requests for a hearing and (2) enter a final order of garnishment

  directing payment from the garnishees.

                                                     Respectfully submitted,

                                                     RYAN RAYBOULD
                                                     UNITED STATES ATTORNEY

                                                     /s/ Saurabh Sharad
                                                     Saurabh Sharad
                                                     Assistant United States Attorney
                                                     New York Bar No. 5363825
                                                     1100 Commerce Street, Third Floor
                                                     Dallas, Texas 75242-1699
                                                     Telephone: 214-659-8600
                                                     Facsimile: 214-659-8848
                                                     saurabh.sharad@usdoj.gov




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                                   CERTIFICATE OF SERVICE

          I hereby certify that on February 19, 2026, I electronically submitted the foregoing
  document with the Clerk of the Court for the United States District Court, Northern District of
  Texas, using the electronic case filing system of the court. The electronic case filing system sent
  a “Notice of Electronic Filing” to the attorney(s) of record who have consented in writing to
  accept this Notice as service of this document by electronic means. I further caused the
  foregoing document to be sent to the following non-ECF filers as follows:

  Balentine LLC
  c/o David Damiani, Registered Agent
  3344 Peachtree Rd., Ste. 2200
  Atlanta, GA 30326
  via first class mail

  Mint Family Trust, Mint Legacy Trust, Marietta Family Trust, Marietta Legacy Trust
  c/o Billy Hockridge, Family Trustee
  via email to Mike Kaeding at Mike.Kaeding@alston.com

  SEI Private Trust Company
  Attn: General Counsel
  1 Freedom Valley Drive
  Oaks, PA 19456
  via first class mail


                                                     /s/ Saurabh Sharad
                                                     Saurabh Sharad
                                                     Assistant United States Attorney




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