Free Motion for Hearing - District Court of Connecticut - Connecticut

Case 3:00-cr-00135-AWT

Document 30

Filed 09/11/2008

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT United States of America v. Alberto Zappala : : : DOCKET NO: 3:00CR135(AWT)

September 10, 2008

MOTION FOR EXAMINATION OF JUDGMENT DEBTOR AND FOR A HEARING ON DEFENDANT'S ABILITY TO PAY THE JUDGMENT The Government in the above-entitled action represents: 1. That judgment was imposed upon the Defendant, Alberto

Zappala, before the United States District Court, District of Connecticut, on September 21, 2000. As part of the judgment, the

Defendant was ordered to pay restitution in the amount of $1,264,273.36. The Defendant's last payment was made on August 25, As of September 10, 2008, total

2008, in the amount of $250.00.

restitution owed by Alberto Zappala is $1,813,678.23, with interest accruing at the rate of 6.241% per annum. 2. On March 3, 2008, the Government served by mail a set of Post

Judgment Interrogatories and Request for Production on Ira B. Grudberg, Esq., the attorney who represents the Defendant, Alberto Zappala. Although more than 30 days have passed since the service of

said Interrogatories and Request for Production, the Defendant has not filed any response, or requested an extension of time. Therefore, pursuant to Connecticut Practice Book § 13-20(b)(2), which provides that in the event of a debtor's failure to answer interrogatories, a debtor examination "shall be conducted before the judicial authority", and C.G.S. § 52-351b(c) and F.R.Civ.P.69(a) which authorize the Government to seek "supplemental discovery orders as may be necessary to ensure disclosure", and F.R.Civ.P.37(d), which

Case 3:00-cr-00135-AWT

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authorizes this Court to "make such orders in regard to the failure [to answer interrogatories] as are just", the Government respectfully requests that an order be entered requiring the Defendant to appear before a Judge or Magistrate Judge of this Court and then and there be examined under oath concerning his property and means of paying said judgment. The Government further moves that as part of the aforesaid order, the Defendant be required to produce at the hearing: (1) copies of Defendant's income tax records filed for the last two years; (2) all other documents sought by Government's Request for Production; and (3) a completed financial statement to assist the Court's evaluation of the Defendant's ability to pay. for the Court's consideration. Respectfully Submitted, NORA R. DANNEHY ACTING UNITED STATES ATTORNEY A proposed Order is attached hereto

CHRISTINE SCIARRINO ATTORNEY BAR NO: CT03393 ATTORNEY FOR THE DEPARTMENT OF JUSTICE UNITED STATES ATTORNEY'S OFFICE 157 CHURCH STREET, 23RD FLOOR NEW HAVEN, CT 06510 TELEPHONE: (203) 821-3700 FAX: (203) 773-5392 E-MAIL: [email protected]

Case 3:00-cr-00135-AWT

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C E R T I F I C A T I O N This is to certify that a copy of the foregoing was mailed postage prepaid on this 10th day of September, 2008 to: Ira B. Grudberg, Esq. Jacobs, Grudberg, Belt, Dow & Katz, P.C. 350 Orange Street New Haven, CT 06510

CHRISTINE SCIARRINO ASSISTANT UNITED STATES ATTORNEY