United States of America v. Barber et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
____________________________________________
UNITED STATES OF AMERICA,
Plaintiff,
v. 	1:25-CV-1133
(FJS/PJE)
CHARLES H. BARBER,
Defendant,
ALDEN EQUIPMENT, INC.,
Garnishee,
CHEMUNG CANAL TRUST COMPANY,
Garnishee.
____________________________________________
APPEARANCES 	OF COUNSEL
OFFICE OF THE UNITED 	MELISSA O'BRIEN ROTHBART, AUSA
STATES ATTORNEY
100 South Clinton Street
P.O. Box 7198
Syracuse, New York 13261-7198
Attorneys for the United States
CHARLES H. BARBER
306 Northwood Club Road
Minerva, New York 12851
Defendant pro se
ALDEN EQUIPMENT, INC.
Attn.: Trustee
66 ½ Bridge Street
Amsterdam, New York 12010
Garnishee
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CHEMUNG CANAL TRUST COMPANY
Attn: Subpoena Processing
1 Chemung Canal Plaza
Elmira, New York 14901
Garnishee
SCULLIN, Senior Judge
ORDER
The Government applied for a Writ of Garnishment against Defendant Barber's 401(k)
PSP account that Alden Equipment, Inc. held and a personal Insured Money Management
Account "IMMA") and checking account that Chemung Canal Trust Company held. See Dkt.
Nos. 1, 2. Defendant requested a hearing regarding the garnishment of his "home improvement
proceeds" and his "401k account." See Dkt. No. 15 at 2. The Government responded to
Defendant's objection and argued that it was entitled to garnish Defendant's 401(k) and personal
IMMA and checking account and opposed Defendant's request for a hearing to consider the writs
of garnishment. See Dkt. No. 16.
Magistrate Judge Evangelista granted Defendant's request for a hearing, which was held
on October 9, 2025. Following the hearing, Magistrate Judge Evangelista gave the parties an
opportunity to submit additional evidence in support of their arguments; and Defendant filed
additional documentation on October 13, 2025. See Dkt. No. 20. On November 17, 2025,
Magistrate Judge Evangelista issued a Report-Recommendation and Order in which he
recommended that this Court grant the Government's writs of garnishment and deny Defendant's
request for modification. See Dkt. No. 22, Report-Recommendation and Order, at 9. Neither
party filed any objections to those recommendations.
Since the parties have not filed any objections and the time for them to do so has expired,
the Court reviews Magistrate Judge Evangelista's Report-Recommendation and Order for clear
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error. See Maltese v. Heastie, No. 1:24-cv-1175 (BKS/ML), 2025 WL 3142399, *1 (N.D.N.Y.
Nov. 10, 2025) (Sannes, C.J.) (citing Petersen v. Astrue, 2 F. Supp. 3d 223, 228-29 (N.D.N.Y.
2012); Fed. R. Civ. P. 72(b) advisory committee's note to 1983 amendment). Having found no
clear error with respect to Magistrate Judge Evangelista's recommendations, the Court adopts
them.
Accordingly, the Court hereby
ORDERS that the recommendations in Magistrate Judge Evangelista's Report-
Recommendation and Order, see Dkt. No. 22, are ADOPTED; and the Court further
ORDERS that Plaintiff's Writs of Garnishment, see Dkt. Nos. 1, 2, are GRANTED; and
the Court further
ORDERS that Defendant's request to modify the terms of his restitution, see Dkt. No. 15,
is DENIED without prejudice.
IT IS SO ORDERED.
Dated: January 13, 2026
Syracuse, New York
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