United States v. Bankas

717 Fed. Appx. 637 (7th Cir. 2018)

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Nature of the Case

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Facts

D devised a scheme in which he would falsify information on student-loan applications in order to obtain federally guaranteed student loans. Originally from Ghana, D earned three Master's degrees from different American universities, a law degree from Southern Methodist University, and a doctorate in philosophy and public international law from Durham University in the United Kingdom. D pleaded guilty to one count of fraudulently obtaining student loans. D was sentenced to 24 months and ordered to pay $340,810 to the U.S. Department of Education. P sought its money. In 2013 the district court ordered that the royalties from D's book be garnished and applied to his restitution debt. P found D working as a health-care aid and initiated proceedings to garnish his wages. The district court issued a writ of garnishment, and garnishments began in early 2017. D objected and requested a hearing on grounds of financial hardship, including child-support payments and the costs of caring for five children. The judge denied the hearing because all of D's five children were over eighteen. D appealed. D challenges the judge's denial of a hearing under 28 U.S.C § 3202(d) as a violation of his due-process rights under the Fifth Amendment.