PAUL J. FISHMAN
United States Attorney
LEAH A. BYNON
‘ Assistant U.S. Attorney
970 Broad Street, Room 700
Newark, NJ 07102
Tel. 973-645-2736
Fax. 973-645-3210
email: LEAH.BYNON@usdoj.gov

LAB0321
(FLU:KCPB)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA, Hon. Jose L. Linares
Plaintiff, CRIMINAL No. 11-160
Vv.
EUGENE DEGIDIO, CLERK'S NOTICE OF
POST-JUDGMENT
Defendant, GARNISHMENT
and

FIDELITY INVESTMENT INSTITUTIONAL,
and its successors or assigns,

Garnishee.

TO THE ABOVE-NAMED DEFENDANT AND ALL OTHER PERSONS INTERESTED:

You are hereby notified that property in the possession, custody, or control of Fidelity
Investment Institutional Services Company, Inc., in which you have an interest, is being taken
by the United States of America which has a Court judgment in CRIMINAL No. 11-160 in the
sum of $535,201.00. A balance of $535,201.00 remains outstanding.

In addition, you are hereby notified that there are exemptions under the law which may
protect some of the property from being taken by the Government if Eugene Degidio can show
that the exemptions apply. Attached is a summary of the exemptions which are applicable.

If you are Eugene Degidio you have a right to ask the court to return your property to
you if you think you do not owe the money to the Government that it says you do, or if you
think the property the Government is taking qualifies under one of the above exemptions.

The instructions for objection to the Answer of the Garnishee and for obtaining a
hearing on the objections are set forth in the "Notice of Garnishment and Instructions to the


You are required to begin withholding in accordance with this garnishment from the
date you were served with these papers.

You are required by law to answer in writing, under oath, within ten (10) days, whether
or not you have in your custody, control or possession, any property in which has a substantial
non-exempt interest. You must state the amounts you anticipate owing Eugene Degidio in the
future.

You must file the original written answer to this writ within ten (10) days of your receipt
of this writ with the United States District Clerk at: King Federal Courthouse, 50 Walnut Street,
Newark, N.J. 07102. Additionally, you are required by law to serve a copy of this writ upon the
debtor and upon the United States Attorney, Financial Litigation Unit, 970 Broad Street, 7th
Floor, Newark, NJ 07102.

Under the law, there is property which is exempt from this Writ of Garnishment.
Property which is exempt and which is not subject to this order is listed on the attached Claim
for Exemption form.

If you fail to answer this writ or withhold property in accordance with this writ, the
United States of America may petition the Court for an order requiring you to appear before the
Court. If you fail to appear or do appear and fail to show good cause why you failed to comply
with this writ, the Court may enter a judgment against you for the value of the debtor's non-

exempt property. It is unlawful to pay or deliver to the defendant any item attached by this writ.

DATED: Mt go, Ut WILLIAM T. WALSH

oh STATES DISTRICT COURT CLERK
By: 4 feels
(DePuy CLERK



Above-named Defendant" served upon you by the United States of America.

-If'you want a hearing, you must notify the court within 20 days after receipt of the
notice. Your request must be in writing.

If you wish, you may use this notice to request the hearing by completing the Request
for Hearing Form which is attached to the Writ of Garnishment. You must either mail it or
deliver it in person to the Clerk of the United States District Court at the King Federal
Courthouse, 50 Walnut Street, Newark, N.J. 07102. You must also send a copy of your request
to the United States Attorney, Financial Litigation Unit at 970 Broad Street, 7th Floor, Newark,
NJ 07102, so the Government will know you want a hearing.

The hearing will take place within 5 days after the Clerk receives your request, if you
ask for it to take place that quickly, or as soon after that as possible.

At the hearing you may explain to the judge why you think you do not owe the money
to the Government. If you do not request a hearing within 20 days of receiving this notice, a
Court Order will be entered attaching the wages, monies, and/or commissions which will then
be applied against the judgment owed the Government.

If you think you live outside the Federal judicial district in which the court is located,
you may request, not later than 20 days after you receive this notice, that this proceeding to take
your property be transferred by the court to the Federal judicial district in which you reside.
You must make your request in writing, and either mail it or deliver it in person to the Clerk of
the District Court at the King Federal Courthouse, 50 Walnut Street, Newark, N.J. 07102. You
must also send a copy of your request to the United States Attorney, Financial Litigation Unit
at 970 Broad Street, 7th Floor, Newark, NJ 07102, so the Government will know you want the
proceeding to be transferred.

Be sure to keep a copy of this notice for your own records. If you have any questions
about your rights or about this procedure, you should contact a lawyer, an office of public legal
assistance, or the clerk of the court. The clerk is not permitted to give legal advice, but can
refer you to other sources of information.

WILLIAM T. WALSH

Gatien .S. DISTRICT COURT
By:

( Clerk



PAUL J. FISHMAN

United States Attorney

LEAH A. BYNON

Assistant U.S. Attorney

970 Broad Street, Room 700
Newark, NJ 07102

Tel. 973-645-2736

Fax. 973-645-3210

email: LEAH.BYNON@usdoj.gov

LABO0321
(FLU:KCPB)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA, Hon. Jose L. Linares
Plaintiff, CRIMINAL No. 11-160
Vv.
APPLICATION AND ORDER
EUGENE DEGIDIO, FOR WRIT OF GARNISHMENT
Defendant,
and

FIDELITY INVESTMENT INSTITUTIONAL
SERVICES COMPANY, INC.,
and its successors or assigns,

Garnishee.

The United States of America, plaintiff, makes this application in accordance with 28 U.S.C.
§ 3205(b)(1) to the Clerk of the United States District Court to issue a Writ of Garnishment upon
the judgment entered against the defendant, Eugene Degidio, social security number *******0400,
whose last known address is Brooklyn, NY 11228 in the above cited action in the amount of
$535,201.00, plus interest at the rate of % per annum and penalties.

The total balance due and owing as of November 3, 2011 is $535,201.00.

Demand for payment of the above-stated debt was made upon the debtor not less than 30


days from November 3, 2011, and debtor has failed to satisfy the debt.

The Garnishee is believed to have possession of property in which Eugene Degidio has a
substantial non-exempt interest. More specifically, the Garnishee is a financial institution which is
believed to have in its custody, control, or possession, property belonging to the judgment debtor,
Eugene Degidio.

The name and address of the Garnishee or his authorized agent is:

Fidelity Investment Institutional
Services Company, Inc,

82 Devonshire Street

Boston, MA 02109

Based upon the foregoing, the United States respectfully requests the Court to enter an Order
directing the Clerk of the United States District Court to issue a Writ of Garnishment.

PAUL J. FISHMAN
Unitgd States Attorney

By: LEAH A. BYNON
Assistant U.S. Attorney

IT IS, on this Gt day of AW , 2011,

ORDERED, that the Clerk of the Court shall issue the Writ of Garnishment.

HONAMos¢L. Linares, JUDGE
UN STATES DISTRICT COURT



PAUL J. FISHMAN

United States Attorney
LEAH A. BYNON
Assistant U.S. Attorney

970 Broad Street, Room 700
Newark, NJ 07102

Tel. 973-645-2736

Fax. 973-645-3210

email: LEAH.BYNON@usdoj.gov
LAB0321

(FLU:KCPB)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA, Hon. Jose L. Linares

Plaintiff, CRIMINAL No. 11-160
v.
WRIT OF GARNISHMENT
EUGENE DEGIDIO,

Defendant,
and

FIDELITY INVESTMENT INSTITUTIONAL
SERVICES COMPANY, INC.,
and its successors or assigns,

Garnishee.

GREETINGS TO: _ Fidelity Investment Institutional
Services Company, Inc,
82 Devonshire Street
Boston, MA 02109
An Order Granting Application of the United States for a Writ of Garnishment against
the property of Eugene Degidio, defendant, has been filed with this Court. A judgment has

been entered against the above-named defendant in the amount of $535,201.00, plus interest

and penalties, computed through November 3, 2011.