Court filing
Unopposed Motion to Strike 80 Motion for Miscellaneous Relief — USA v. Tisone (Dkt. 87, M.D. Fla. No. 2:22-mj-01043, docketed in No. 2:22-cr-00039)
Filed February 16, 2023 in USA v. Tisone; one of 73 filings from this case.
Record facts
| Court | U.S. District Court for the Middle District of Florida |
|---|---|
| Filed | 2023-02-16 |
U.S. District Court for the Middle District of Florida · No. 2:22-cr-00039-SPC-NPM · Doc. 87 · 2023-02-16 · Docket on CourtListener
Full text
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 UNOPPOSED MOTION TO STRIKE PETITION FOR REMISSION (DOC. 80) The United States moves, unopposed, to strike the Bank of Clarke County’s Petition for Remission (Doc. 80) pursuant to 21 U.S.C. § 853(n) and 28 C.F.R. § 9.4(e). The United States has conferred with Michael R. Sklaire, counsel for Bank of Clarke County (the Bank), who has indicated he has no opposition to this motion. In support of its motion, the United States submits the following memorandum of law. MEMORANDUM OF LAW On February 13, 2023, following the Court’s entry of an order of forfeiture and preliminary order of forfeiture for direct assets that included funds seized from an account at the Bank (Doc. 69), the Bank filed a timely “Petition for Remission,” seeking the “remission” of the $64,813.43 seized from the account as “both a party owner and as a victim of fraud perpetrated by” the defendant. Doc. 80. The pleading attached a Petition for Remission Form that the Bank had previously submitted to the Federal Bureau of Investigations, also seeking remission of these funds in the parallel administrative forfeiture proceedings involving these funds. Case 2:22-cr-00039-SPC-NPM Document 87 Filed 02/16/23 Page 1 of 3 PageID 612 2 Title 21 U.S.C. § 853(n) provides the sole means by which third parties can litigate their right to property subject to criminal judicial forfeiture. The statute provides the specific criteria that claims must possess in order to be valid. See 21 U.S.C. § 853(n)(3). In contrast, 28 C.F.R. § 9.4(e) allows persons to petition the Attorney General for the return of property already forfeited to the United States. 18 U.S.C. § 981 states that the “Attorney General shall have sole responsibility for disposing of petitions for remission or mitigation with respect to property involved in a judicial forfeiture proceeding.” Because the Bank’s petition did not meet the requirements of 21 U.S.C. 853, and appeared, instead, to be a request for remission directed to the Attorney General, the United States contacted Mr. Sklaire to clarify the purpose of the filing. Mr. Sklaire confirmed that the Bank is not contesting the forfeiture proceedings. Rather, the Bank intended to file the Petition for Remission for the Attorney General’s consideration. The United States will construe the Bank’s petition filed at Docket 80 as a timely submitted Petition for Remission and will forward it to the appropriate reviewing authorities. Case 2:22-cr-00039-SPC-NPM Document 87 Filed 02/16/23 Page 2 of 3 PageID 613 3 Wherefore, the United States asks that the Court strike Docket 80, construing it as a Petition for Remission over which the Court lacks jurisdiction. By: Respectfully Submitted, ROGER B. HANDBERG United States Attorney s/Suzanne C. Nebesky SUZANNE C. NEBESKY Assistant United States Attorney Florida Bar Number 59377 400 North Tampa Street, Suite 3200 Tampa, Florida 33602 (813) 274-6000 – telephone E-mail: suzanne.nebesky@usdoj.gov CERTIFICATE OF SERVICE I hereby certify that on February 16, 2023, 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 counsel of record. s/Suzanne C. Nebesky SUZANNE C. NEBESKY Assistant United States Attorney Case 2:22-cr-00039-SPC-NPM Document 87 Filed 02/16/23 Page 3 of 3 PageID 614
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