United States District Court, E.D. North Carolina, Eastern Division
MALCOLM J. HOWARD SENIOR UNITED STATES DISTRICT JUDGE
matter is before the court on defendant's motion to quash
writ of execution and objection to writ of execution. The
government has responded, and both parties have made numerous
filings in this matter, all of which have been reviewed by
the undersigned. At petitioner's request, the court held
a hearing . on this matter on September 26, 2017.
makes the following objections in support of his motion to
I. The total amount of the outstanding debt is significantly
II. The Writ of Execution [DE #322] should be quashed because
it is procedurally defective.
III. The writ should not apply to property covered by the
attached Claim for Exemptions.
IV. The majority of the items of property listed in the
attachment to the Writ is not property of the judgment
V. To the extent that any of the listed property is co-owned
property of judgment debtor and his wife, Susan Laroque, Mrs.
Laroque is the "equitable owner" of certain items
VI. Pursuant to the court's equitable, authority,
petitioner and claimants respectfully request this court
impose a payment plan to satisfy any remaining debt.
VII. Petitioner and claimants respectfully request the court
exercise its equitable authority to deny the writ of
execution as to certain supplemental property that, if sold,
would render little return to the United States.
VIII. Petitioner and claimants respectfully request that this
court enter any order which justice requires in order to
protect petitioner and claimants from undue hardship, burden,
was entered against defendant for restitution of •
$300, 000 plus a $5, 000 fine and the special
assessment required in his case. Shortly after sentencing,
the cash held in trust by defense counsel, $56, 129.51, was
applied to defendant's restitution. In late August 2015,
the restrained properties were auctioned with proceeds
totaling $120, 950.40 applied to the restitution.
Defendant's wife, Susan Laroque, as Laroque's
attorney in fact, executed the contracts (because Laroque had
already reported to the Bureau of Prisons (BOP)). Thus, at
that time they knew that approximately $122, 000 remained due
on the judgment. In December 2015, the government informed
defendant's counsel regarding the remaining balance and
were told counsel no longer represented him. Over the next
eight months, Laroque paid a mere $200 through the Inmate
Financial Responsibility Program. In August 2016, $122,
720.09 remained outstanding, and the government began
enforcement efforts through writs of garnishment. At that
point the government learned from State Employees' Credit
Union (SECU) that defendant's IRA account had been
entirely depleted. The government contends these depletions
were part of a series of fraudulent transfers by defendant
and his wife in order to avoid payment of restitution. That
issue is not before the court today.
April 2017, the government learned defendant and his wife
insured 44 pieces of jewelry for $135, 265. In June 2017, the
government learned that defendant's financial declaration
showed jewelry valued at only $50, 000 was in his ...