United States of America v. Rice et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
United States of America,
Plaintiff,
v.
Tyrone Sinclair Rice,
Defendant,
and
Nexans USA, Inc.,
Garnishee.
Civil Action No.: 1:25-cv-1251 (AMN/TWD)
FINAL ORDER OF GARNISHMENT
This matter is before the court for entry of a Final Order of Garnishment, pursuant to 18
U.S.C. § 3613 and 28 U.S.C. § 3205 of the Federal Debt Collection Procedures Act, against the
substantial nonexempt property belonging to or due the defendant-judgment debtor, Tyrone
Sinclair Rice.
The United States filed an application for a Writ of Continuing Garnishment seeking any
substantial nonexempt property belonging to or due Tyrone Sinclair Rice, held by Nexans USA,
Inc., Garnishee. 	A Writ of Continuing Garnishment was properly served on Garnishee, which
filed an answer stating it had in its possession, custody, or control substantial nonexempt property
belonging to or due Tyrone Sinclair Rice.
The United States served Tyrone Sinclair Rice with the Writ on or about September 16,
2025, and notified the defendant of his right to a hearing. 	The United States also served each
person whom the United States has reasonable cause to believe has an interest in the property
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subject to the Writ and notified the parties of the right to a hearing, if applicable. No one requested
a hearing, and the statutory time period to do so has elapsed.
Having considered the application, Writ, and answer, and noting that no one has filed any
objections or requested a hearing, the Court finds that the entry of the Final Order of Continuing
Garnishment is in all respects, proper.
IT IS ORDERED that the Garnishee pay over any and all property or funds of the defendant
in which he has an ownership interest, including, but not limited to, any new property of which the
Garnishee obtains custody, control, or possession while this Writ is in effect, within 14 days from the
date of this Order. See 28 U.S.C. § 3205(c)(2)(F). The Garnishee shall liquidate funds as needed to
pay the sum certain amount of up to $9,796.90, as well as any deductions required by law, with no
withdrawal penalty, to the Clerk of the Court to be applied towards the full satisfaction of the
outstanding restitution balance. See United States v. Irving, 452 F.3d 110, 126 (2d Cir. 2006) (MVRA
permits the government to garnish assets held in a retirement account to satisfy a restitution order);
United States v. Novak, 476 F.3d 1041, 1062 (9th Cir. 2006) (involuntary court-ordered distributions
from retirement accounts to pay criminal restitution are not subject to additional tax or penalty for
early withdrawal).
Checks should be made payable to:
CLERK, U.S. DISTRICT COURT
and mailed to:
CLERK, U.S. DISTRICT COURT
100 S. Clinton Street
P.O. Box 7367
Syracuse, N.Y. 13261
Dated: January 14, 2026
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SO ORDERED.
_________________________________
Hon. Anne M. Nardacci
United States District Judge
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