United States v. Badger, CR 85-704 WJR.
| Decision Date | 11 May 1989 |
| Docket Number | No. CR 85-704 WJR.,CR 85-704 WJR. |
| Citation | 711 F. Supp. 1008 |
| Parties | UNITED STATES of America, Plaintiff, v. John J. BADGER, Defendant. |
| Court | U.S. District Court — Central District of California |
Edward M. Robbins, Jr., Asst. U.S. Atty., Los Angeles, Cal., for plaintiff.
Harriett Leyva, O'Neill & Lysaght, Santa Monica, Cal., for defendant.
This matter comes before the Court on an Order To Show Cause Re: Exoneration Of Bond. The Court, having considered the papers filed in response thereto and having heard oral argument,
IT IS HEREBY ORDERED that the Clerk pay over the bond proceeds to Capital Tracing, Inc., or its authorized representative, at 9:00 a.m. on May 18, 1989, in the Clerk's Office.
In July of 1985, a United States Magistrate approved as a condition for the bailed release of defendant John Badger the posting of a $100,000 cash bond. This amount, in the form of a cashier's check drawn by Capital Tracing Inc., was deposited with the District Court Clerk.* Defendant Badger was found guilty of six fraud-related offenses, and was subsequently sentenced to three years' imprisonment. After his conviction was affirmed on appeal, Mr. Badger surrendered himself to the United States Marshal. The Court then ordered exoneration of the bond. See Minute Order dated October 24, 1988.
The Internal Revenue Service, however, objected to exoneration. It appears that shortly after the bond was posted the IRS served the District Court Clerk with a Notice of Levy pursuant to 26 U.S.C. Sec. 6331. This section provides, in pertinent part:
If any person liable to pay any tax neglects or refuses to pay the same within 10 days after notice and demand, it shall be lawful for the Secretary or his delegate to collect such tax ... by levy upon all property and rights to property ... belonging to such person or on which there is a lien provided in this chapter for the payment of such tax.
In this case, the IRS assessed upon Mr. Badger a tax obligation far exceeding $100,000; thus, the Service demanded that the Clerk relinquish to it Mr. Badger's appearance bond. Faced with these competing claims, the Clerk referred the matter to this Court.
The Government argues that, in view of Sec. 6331's broad language, the Court should order the Clerk to pay the bond over to the IRS, thereby leaving the parties to assert their claims administratively. The Court disagrees. Supervision over the bail system lies within the inherent power of a court to call an accused to answer a criminal complaint and stand trial. See United States v. Smith, 444 F.2d 61, 62 (8th Cir.1971), cert. denied sub nom., Haley v. United States, 405 U.S. 977, 92 S.Ct. 1205, 31 L.Ed.2d 253 (1972); see also United States v. Zylstra, 713 F.2d 1332, 1337 (7th Cir.), cert. denied, 464 U.S. 965, ...
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Landau v. Vallen
...court's holding was consistent with several other decisions in which courts have denied attachment. See, e.g., United States v. Badger, 711 F.Supp. 1008, 1009 (C.D.Cal.1989); American Exch. Life Ins. Co. v. Putnicki, 510 F.Supp. 19, 20-21 (W.D.Tex.1980); Corporation Co. of Miami v. Mikelis,......
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U.S. v. Badger, 89-50251
...on the show cause order. On May 11, 1989, the district court ordered that the bond proceeds be paid over to Capital on May 18, 1989. 711 F.Supp. 1008. In its memorandum order, the district court did not decide whether Badger had any interest in the disputed bond. Instead, the district court......