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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 Enclosures Case 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 1 Case 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 2 Case 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 3 Case 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 4 Case 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 1 Case 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 2 Case 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 1 Case 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 2 Case 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 Attorney Case 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.gov Case 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 1 Case 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 3 Case 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 1 Case 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 — Page2 Case 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 3 Case 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 1 Case 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 2 Case 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 3 Case 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 1 Case 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 2 Case 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 1 Case 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 2 Case 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