Marshals seized only $595.84 from HKE’s bank accounts

The U.S. Marshals Service was only able to seize $595.84 from the bank accounts of Hong Kong Entertainment (Overseas) Investment Ltd., owner of Tinian Dynasty Hotel & Casino.

The U.S. Marshal Service seized the money on Thursday, shortly after U.S. District Court for the NMI Chief Judge Ramona V. Manglona ordered the clerk to issue a writ of execution to attorney Richard W. Pierce, the counsel for two plane crash survivors, in order to collect $1.4 million from the bank accounts of HKE.

U.S. District Court for the NMI Magistrate Judge/Clerk of Court Heather L. Kennedy informed HKE on Thursday that there are exemptions under the law that may protect some property from being taken if HKE can show that exemptions apply pursuant to federal or Commonwealth law.

“If you believe that you qualify for an exemption or that the writ of execution was issued improperly then you may request a hearing within 14 days of this notice,” Kennedy told HKE.

In her writ of execution last week, Manglona ordered the clerk to direct the U.S. Marshals Service to levy execution on all funds in HKE’s two accounts at Bank of Saipan and any Bank of Guam account it may hold, up to $1,375,952.71, to satisfy the survivors’ judgment.

A writ of execution refers to a court order that allows for the collection of money or property owed by a judgment debtor.

Manglona issued the order following the survivors’ request to seize HKE’s assets in the two banks after HKE failed to pay the $1.4 million federal court judgment to two plane crash survivors since its entry last April.

Plane crash survivors Tomoyuki Nagata and Dr. Jun Takimoto and his family, through counsel Pierce, recently filed a request for entry of writ of attachment before the court.

Writ of attachment refers to a court order directing a law enforcement or sheriff to “attach” or seize an asset.

U.S. Deputy Marshal John Vega informed the court that he executed the writ of execution on Thursday and seized a total of $595.84 from HKE’s two Bank of Saipan accounts.

Vega said no money was seized at Bank of Guam.

Bank of Guam compliance officer Carol T. Perez informed the court on Thursday that HKE does not maintain an account with their bank.

Last April, Manglona ordered HKE to pay $606,723.10 to Nagata and $769,229.61 to Dr. Takimoto and his family to satisfy their settlement agreements.

Pierce said nothing has been paid yet on the $1,375,952.71 judgment.

Pierce disclosed that according to the bankruptcy filing of HKE, the company has two accounts at the Bank of Saipan.

The lawyer said HKE also previously paid funds to the crash survivors through a Bank of Guam check.

Pierce said as the Bank of Saipan accounts and any Bank of Guam account are a debt to HKE, it is requested that the court attached the debts and order them paid over to his clients for satisfaction toward the $1.4 million judgment.

Nagata and Takimoto were among the seven passengers of a Piper Cherokee aircraft that crashed on a farm in Upper Dandan en route to Tinian on Aug. 11, 2006. HKE settled the lawsuits filed by the survivors, including one filed by Nagata and Takimoto and his family.