United States of America v. Charles H. Barber; Alden Equipment, Inc.; Chemung...

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 South Clinton Street P.O. Box 7198 Syracuse, New York 13261-7198 Attorneys for the United States CHARLES H. BARBER Northwood Club Road Minerva, New York 12851 Defendant pro se ALDEN EQUIPMENT, INC. Attn.: Trustee ½ Bridge Street Amsterdam, New York 12010 Garnishee CHEMUNG CANAL TRUST COMPANY Attn: Subpoena Processing 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 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 cinta btm — Syracuse, New York Senior United States District Judge -3-