Response to Motion re 62 Motion to Continue sentencing date by USA as to Daniel Joseph Tisone — USA v. Tisone (Dkt. 63, M.D. Fla. No. 2:22-mj-01043, docketed in No. 2:22-cr-00039)

Record facts

U.S. District Court for the Middle District of Florida · No. 2:22-cr-00039-SPC-NPM · Doc. 63 · 2022-10-25 · Docket on CourtListener

Full text

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
FORT MYERS DIVISION 
 
UNITED STATES OF AMERICA 
 
 
v. 
 
 
 
 
CASE NO. 2:22-cr-39-SPC-NPM 
 
DANIEL JOSEPH TISONE 
 
UNITED STATES’ RESPONSE TO DEFENDANT’S 
 MOTION TO CONTINUE 
 
The United States is filing this response to the defendant’s, Daniel Tisone, 
motion to continue (Doc. 62) to clarify its position as to a continuation of Tisone’s 
sentencing and to request the Court’s assistance with the preservation of assets for 
restitution.  While the United States does not oppose a 30-day continuance of 
Tisone’s sentencing, the United States requests that the Court direct Tisone to 
provide assurances that all appropriate steps are being taken to preserve the value of 
certain assets that could be used to compensate the victims, as outlined more fully 
below.  
Tisone first requested to be permitted to voluntarily sell certain assets, 
including two real properties, for restitution in this case (instead of the United States 
completing forfeiture of those properties).  The properties are subject to forfeiture, 
but the parties agreed to allow Tisone to sell the properties in order to more quickly 
maximize the restitution recovery for the victim.  Doc. 41.  This agreement provides 
that if any of the assets were not sold by 30 days prior to sentencing, Tisone consents 
to the entry of preliminary orders of forfeiture for these assets.  Doc. 41 at p. 6.  
Case 2:22-cr-00039-SPC-NPM     Document 63     Filed 10/25/22     Page 1 of 4 PageID 247

 
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Tisone retained a realtor of his choice in or about June 7, 2022, but no offers 
have been received on either property.  During this time, the United States received 
information that the properties’ mortgages had not been paid on time and that 
certain association dues were also delinquent.  The United States first requested 
proof that the mortgages were not in arrearage on August 29, 2022.  Despite several 
more requests, the documentation was not provided.  The failure to pay the 
properties’ mortgages and other necessary expenses diminishes the properties’ values 
and in turn, harms the victims’ recovery.  
To assure the preservation of these assets, and if Tisone wants credit at 
sentencing for acceptance of responsibility, the United States respectfully requests 
that the Court enter an order requiring Tisone to provide the following 
documentation within 14 days: 
1. Proof that the mortgage on 550 Starboard Drive, Naples, Florida 34103 is 
current; 
2. Proof that the mortgage on 1001 10th Avenue South, #101, Naples, Florida 
34102 is current; 
3. Proof of payment of all insurance premiums for both properties; 
4. Proof of payment of all association fees;  
5. Full copies of all policies, including flood policies, for both properties; 
6. Notification and proof of any compensation provided by any insurers, FEMA, 
or government agencies with respect to any damages or loss to the properties. 
 
Further, the United States would also respectfully request that the Court direct 
Tisone not to take any actions that would diminish the properties values, which 
would include insuring that all mortgages, property taxes, insurance premiums, and 
any other outstanding liens and fees are paid on time and do not become delinquent. 
Case 2:22-cr-00039-SPC-NPM     Document 63     Filed 10/25/22     Page 2 of 4 PageID 248

 
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Because continuing the sentencing further postpones the United States’ ability to 
forfeit and otherwise secure the properties, the requested assurances are reasonable 
and necessary. So long as Tisone provides this documentation and assurances, the 
United States does not oppose a 30-day continuance. Additionally, in light of the 
amount of time Tisone has already had to sell the properties, delaying the sentencing 
an additional 90-days could further diminish the properties’ values without the 
assurances requested above.  
Respectfully submitted, 
 
ROGER B. HANDBERG 
United States Attorney  
 
By: 
 /s/Trent Reichling        ________      
Trenton J. Reichling  
Assistant United States Attorney 
Florida Bar No. 0084601 
2110 First Street, Suite 3-137 
Fort Myers, Florida 33901 
Telephone: (239) 461-2200 
Email: Trenton.Reichling@usdoj.gov 
 
s/ Julie A. Simonsen                          
Julie A. Simonsen  
Assistant United States Attorney 
Florida Bar No. 70647 
Financial Litigation  
400 North Tampa Street, Suite 3200 
Tampa, FL 33602 
Telephone: (813) 274-6048 
E-Mail: FLUDocket.mailbox@usdoj.gov 
 
 
Case 2:22-cr-00039-SPC-NPM     Document 63     Filed 10/25/22     Page 3 of 4 PageID 249

 
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U.S. v. Daniel Joseph Tisone                      Case No. 2:22-cr-39-SPC-NPM 
CERTIFICATE OF SERVICE 
 
I hereby certify that on October 25, 2022, I electronically filed the foregoing 
with the Clerk of the Court by using the CM/ECF system which will send a notice of 
electronic filing to the following: 
Mark Eiglarsh  
mark@eiglarshlaw.com 
 
Case 2:22-cr-00039-SPC-NPM     Document 63     Filed 10/25/22     Page 4 of 4 PageID 250

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