United States of America v. Martin et al

OCR transcription for search; preserved printed pages are authoritative

Case 5:26-cv-00417-BKS-CBF Documenti1- Filed 04/06/26 Page 1of3

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

United States of America,

Plaintiff, Case Number.: 5:26-CR-417 (BKS/CBF)
V.

Kenneth R. Martin,
Defendant,

AmeriCU Credit Union,

Garnishee.

STIPULATED AGREEMENT AND ORDER

IT IS HEREBY STIPULATED AND AGREED between the United States of America, by
and through its counsel, Assistant United States Attorney Jeffrey D. Brown, and the Defendant,
Kenneth R. Martin, by and through his Power of Attorney’s, Adrianna Reed and Joshua Martin
(collectively referred to herein as “the Parties’’), that:

1. On February 9, 2026, the United States obtained a judgment in the amount of

$72,100.00 against the Defendant for restitution and a special assessment ordered by
the Court. See Criminal No. 5:24-CR-489, Dkt. No. 69.

2. As of March 27, 2026, the outstanding balance on the debt was $72,100.00.

3. On March 17, 2026, the United States of America filed a Writ of Continuing
Garnishment against any all property held by the Garnishee, AmeriCU Credit Union,
thereby restricting all accounts in the Defendant’s name that are in possession, custody,
or control of AmeriCU Credit Union.

4. On March 25, 2026, AmeriCU Credit Union filed an answer in which it states that it is
in possession of a Prime Share Savings account, with a balance of $12,433.17, and a

Checking account, with a balance of $22,506.21, solely in the name of the Defendant.

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

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5. The Defendant, through his Power of Attorneys, agrees to waive service of an
Application for a Writ of Continuing Garnishment made pursuant to Title 28, United
States Code, Section 3205 of the Federal Debt Collection Procedures Act, as to
accounts held by him at AmeriCU Credit Union (“the Garnishee”). 28 U.S.C. §
3205(c)(3).
6. The Defendant, through his Power of Attorneys, further agrees to waive his right to a
hearing under Section 3205 the Federal Debt Collection Procedures Act, and waives
any other process to which Defendant may be entitled under the Act.
7. The Defendant, through his Power of Attorneys, agrees that the United States shall
garnish the full value of the Prime Share Savings account xxxx6052-02 with a balance
of $12,433.17. The Defendant further agrees to have $17,566.83 garnished from his
Checking account xxxx6052-10, for a total garnished sum of $30,000.00. The
Defendant additionally agrees the funds from this garnishment shall be forwarded to
the Clerk for U.S. District Court for the Northern District of New York for application
to the amount due and owing on the judgment issued in Criminal No. 5:24-CR-489.
8. The United States agrees that after deducting the above referenced $30,000.00, the
Garnishee is authorized to release the remaining value of any and all property in the
possession of the Garnishee to the Defendant through his Power of Attorneys.
THEREFORE, the Parties agree that, upon approval of this agreement by the Court, that
the Garnishee shall garnish the full value of the Prime Share Savings account xxxx6052-02 with a
balance of $12,433.17. The Garnishee is further directed to garnish $17,566.83 from Checking
account xxxx6052-10, for a total garnished sum of $30,000.00. The proceeds shall be made
payable to the Clerk of Court, Clerk, U.S. District Court, Federal Bldg., 100 S. Clinton Street, P.O.
Box 7367, Syracuse, New York 13261-7367. The Garnishee is further directed to release the
Case 5:26-cv-00417-BKS-CBF Document 11 Filed 04/06/26 Page 2 of 3

Case 5:26-cv-00417-BKS-CBF Documenti1_ Filed 04/06/26 Page 3 of 3

remaining value of any and all property in the possession of the Garnishee after deducting the
above-mentioned $30,000.00.
The undersigned Parties jointly submit this stipulation to the United States District Court

for the Northern District of New York and consent to its entry as a Court order.

Dated: | | rot TODD BLANCHE

Deputy Attorney General

JOHN A. SARCONE It
First Assistant United States Attorney

» Vill.

Jefirgy D. Brown
Assistant United States Attorney
Bar Roll A 707241

Dated: Sia [LEU.

Dated: o/ 4 L Zl

a anees as Power of Attorney for
Down wt? Martin

a WA as f of Attorney for

Joy Ma Kenneth Martin
IT IS SO ORDERED.
Dated and entered this 6th day of__ April , 2026
Pron de (CGirrnnres

Hon. Brenda K. Sannes
Chief United States District Judge

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