USA v. Epern

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
UNITED STATES OF AMERICA,
vs.
MARK VAN EPERN.
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CASE NO. DNCW3:20CR368-001
(Financial Litigation Unit)
WRIT OF EXECUTION
TO THE UNITED STATES MARSHAL
and Fidelity Investments:
An amended judgment was entered on March 21, 2022 (Doc No. 53) in the United States
District Court for the Western District of North Carolina, in favor of the United States and against
the Defendant, Mark Van Epern, whose last known address is FCI Fort Dix, Federal Correctional
Institution, P.O. Box 2000, Joint Base MDL, New Jersey 08640, in the sum of $365,100.00. The
balance on the account as of January 3, 2023, is $182,500.00.
THEREFORE YOU ARE HEREBY COMMANDED to levy and/or execute on property,
and Fidelity Investments is commanded to turn over property in which the Defendant, Mark Van
Epern, Social Security number XXX-XX-2511, has a substantial non-exempt interest, the property
being funds located in the account ending in number 1122 held by Fidelity Investments in the name
of Mark Van Epern at the following address: 100 Crosby Parkway, KC1D, Covington, Kentucky
41015-0031. You are to turn over $182,500.00 of the funds held in the account immediately, and
no later than thirty days after the issuance of this Writ of Execution, to the United States District
Court.
YOU ARE FURTHER COMMANDED to turn over the levied property to the United
States Clerk of Court. The payments should be mailed to:
Case 3:20-cr-00368-KDB-DSC Document 69 Filed 01/04/23 Page 1 of 4

United States District Court
401 West Trade Street
Charlotte, North Carolina 28202
In order to ensure that the payments are credited properly, the following information should
be included on the checks: Court Number DNCW3:20CR368.
YOU ARE FURTHER COMMANDED that the levy shall not exceed property reasonably
equivalent in value to $182,500.00.
SO ORDERED. Signed: January 4, 2023
Case 3:20-cr-00368-KDB-DSC Document 69 Filed 01/04/23 Page 2 of 4

CLAIM FOR EXEMPTION FORM
MAJOR EXEMPTIONS UNDER FEDERAL LAW (18 U.S.C. § 3613)
_____1. Wearing apparel and school books.--Such items of wearing apparel and such school
books as are necessary for the debtor or for members of his family.
_____2. Fuel, provisions, furniture, and personal effects.--So much of the fuel, provisions,
furniture, and personal effects in the Debtor’s household, and of the arms for
personal use, livestock, and poultry of the debtor, as does not exceed $10,810 in
value.
_____3. Books and tools of a trade, business, or profession.--So many of the books, and
tools necessary for the trade, business, or profession of the debtor as do not exceed
in the aggregate $5,400 in value.
_____4. Unemployment benefits.--Any amount payable to an individual with respect to his
unemployment (including any portion thereof payable with respect to dependents)
under an unemployment compensation law of the United States, of any State, or of
the District of Columbia or of the Commonwealth of Puerto Rico.
_____5. Undelivered mail.--Mail, addressed to any person, which has not been delivered to
the addressee.
_____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 (38 U.S.C.
1562), and annuities based on retired or retainer pay under Chapter 73 of Title 10
of United States Code.
_____7. Workmen’s Compensation.--Any amount payable with respect to compensation
(including any portion thereof payable with respect to dependents) under a
workmen’s compensation law of the United States, any State, the District of
Columbia, or the Commonwealth of Puerto Rico.
_____8. Judgments for support of minor children.--If the debtor is required by judgment of
a court of competent jurisdiction, entered prior to the date of levy, to contribute to
the support of his minor children, so much of his salary, wages, or other income as
is necessary to comply with such judgment.
_____9. Certain service-connected disability payments.-- Any amount payable to an
individual as a service-connected (within the meaning of section 101(16) of Title
38, United States Code) disability benefit under--(A) subchapter II, III,IV, V, or VI
of Chapter 11 of such Title 38 or (B) Chapter 13, 21, 23, 31, 32, 34, 35,37, or 39 of
such Title 38.
_____10. Assistance under Job Training Partnership Act.
--Any amount payable to a participant under the Job Training Partnership Act (29
U.S.C. 1501 et seq.) from funds appropriated pursuant to such Act.
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The statements made in this claim of settlement to exemptions and request for hearing as to
exemption entitlement and fair market value of the property or funds designated are made and
declared under penalty of perjury that they are true and correct.
I hereby request a Court hearing to decide the validity of my claims. Notice of the hearing
should be given to me by mail at:
_______________________________________________________________
Address
or telephonically at (______)_____________
Phone No.
____________________________________
Defendant’s printed or typed name
____________________________________
Signature of the defendant Date
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