United States v. Drapeau

United States District Court · Evidence

EvidenceGarnishmentRestitution EnforcementService of ProcessMVRAFDCPAwrit of garnishmentcriminal restitution

Facts

Mr. Drapeau was convicted of wire fraud and mail fraud and was ordered to pay $502,475.78 in restitution. The United States applied for a writ of garnishment against the Washington State Department of Retirement Systems based on Mr. Drapeau's presumptive community property interest in his wife Terry Drapeau's teacher retirement account, which the Department reported was worth about $155,000. The Department initially received the writ by mail and objected, arguing improper service and that the retirement benefits could not be reached. The United States later personally served the Department and the Washington Attorney General's Office through the United States Marshals Service.

Issue

Whether the writ of garnishment was properly and timely served on the Department, and whether the United States may garnish Mr. Drapeau's community property interest in his spouse's retirement benefits to satisfy a criminal restitution order despite state-law protections and the fact that no present disbursement right exists.

Rule

A criminal restitution order under the MVRA may be enforced against all property or rights to property of the debtor, subject only to the specific federal exemptions listed in 18 U.S.C. § 3613(a). When the MVRA conflicts with FDCPA provisions incorporating state-law protections for co-owned property, the MVRA controls; and a writ of garnishment may attach to a debtor's present or future, tangible or intangible property interests, including community property interests in a spouse's retirement benefits. Service is sufficient when it complies with the Federal Rules of Civil Procedure, including personal delivery satisfying Rules 4 and 4.1, and under the FDCPA service is timely if made before the postjudgment remedy is put into effect.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

A federal court in Oregon entered a criminal restitution judgment against Nolan Pierce. To collect, the United States obtained a writ of garnishment directed to the Oregon Teachers Pension Bureau, a state-created agency in Salem, and mailed the writ to the agency's office. The agency received it, answered, and objected that service by mail was defective.

How should the court rule on the agency's service objection?

Explanation. The majority rejected the argument that a writ of garnishment may be served by mail under Rule 5 as just another paper. It treated a writ more like process or a summons, requiring compliance with the Federal Rules governing service, not mere mailing. Actual notice alone did not make the initial mailing proper.