Judgment as to Daniel Joseph Tisone, Counts 1, 11-12, 13, 15-17, 3-4, 5-7 — USA v. Tisone (Dkt. 93, 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. 93 · 2023-02-23 · Docket on CourtListener

Full text

AO 245B (Rev. 09/19) Judgment in a Criminal Case 
Page 1 of 6
UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
FORT MYERS DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
 
DANIEL JOSEPH TISONE 
 
 
 
 
Case Number: 2:22-cr-39-SPC-NPM 
 
USM Number: 93800-509 
 
Mark R. Eiglarsh, Retained 
3107 Stirling Road 
Suite 207 
Fort Lauderdale, FL 33312 
 
JUDGMENT IN A CRIMINAL CASE 
 
Defendant pleaded guilty to Counts Two, Eight, Fourteen, and Eighteen of the Indictment. Defendant is adjudicated guilty 
of these offenses: 
 
 
Title & Section 
 
Nature of Offense 
Date Offense 
Concluded 
Count 
Number(s) 
18 U.S.C. §§ 1343 and 2 
Wire Fraud 
April 1, 2020 
Two 
18 U.S.C. §§ 1344 and 2 
Bank Fraud 
November 9, 2020 
Eight 
18 U.S.C. §§ 1957 and 2 
Illegal Monetary Transaction 
November 5, 2020 
Fourteen 
18 U.S.C. §§ 922(g)(1) and 
924(a)(2) 
Possession of Ammunition by a Convicted Felon 
March 31, 2022 
Eighteen 
 
Defendant is sentenced as provided in pages 2 through 6 of this judgment.  The sentence is imposed pursuant to the 
Sentencing Reform Act of 1984. 
 
1, 3-7, 9-13 and 15-17 are dismissed on the motion of the United States. 
 
IT IS ORDERED that Defendant must notify the United States Attorney for this district within 30 days of any change of 
name, residence, or mailing address until all fines, restitution, costs and special assessments imposed by this judgment are 
fully paid.  If ordered to pay restitution, the defendant shall notify the court and United States Attorney of any material change 
in the defendant’s economic circumstances. 
 
 
Date of Imposition of Judgment: 
 
 
February 21, 2023 
 
 
 
 
 
____________________________________ 
 
SHERI POLSTER CHAPPELL 
 
UNITED STATES DISTRICT JUDGE 
 
 
February 23, 2023 
» 
 
Case 2:22-cr-00039-SPC-NPM   Document 93   Filed 02/23/23   Page 1 of 6 PageID 950

Daniel Joseph Tisone 
2:22-cr-39-SPC-NPM 
 
AO 245B (Rev. 09/19) Judgment in a Criminal Case 
Page 2 of 6
IMPRISONMENT 
 
Defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total 
term of 87-MONTHS, as to Counts 2, 8, 14 and 18, all such terms shall run concurrently to each other.  
 
The Court makes the following recommendations to the Bureau of Prisons: 
 
1. Incarceration in a facility close to home (Fort Myers, Florida). 
 
2. Participation in any and all drug/alcohol programs available, to include the intensive 500 Hour Drug Treatment 
Program, if and when eligible. 
 
 
Defendant shall surrender to the United States Marshal for this district no later than 2:00pm on April 19, 
2023.  If designated sooner, defendant must surrender as directed by BOP. 
 
 
 
 
RETURN 
 
I have executed this judgment as follows: 
 
 
 
 
 
 
 
 
 
 
 
 
 
Defendant delivered on ____________________ to ______________________________________ 
 
 
at _________________________________________________, with a certified copy of this judgment. 
 
 
 
_______________________________________________ 
 
 
 
      UNITED STATES MARSHAL 
 
 
 
 
 
 
 
 
 
 
By: ________________________________________________ 
 
 
 
 
 
 
 
 
 
 
Deputy U.S. Marshal 
 
 
Case 2:22-cr-00039-SPC-NPM   Document 93   Filed 02/23/23   Page 2 of 6 PageID 951

Daniel Joseph Tisone 
2:22-cr-39-SPC-NPM 
 
AO 245B (Rev. 09/19) Judgment in a Criminal Case 
Page 3 of 6
SUPERVISED RELEASE 
 
 
Upon release from imprisonment, you will be on supervised release for a term of 3-YEARS, as to Counts 2, 8, 14 
and 18, all such terms shall run concurrently to each other.  
 
 
MANDATORY CONDITIONS 
 
1. 
You must not commit another federal, state or local crime. 
2. 
You must not unlawfully possess a controlled substance. 
3. 
You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 
days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court. 
4. 
Defendant must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute 
authorizing a sentence of restitution. 
5. 
Defendant shall cooperate in the collection of DNA, as directed by the probation officer. 
 
 
The defendant shall comply with the standard conditions that have been adopted by this court as well as any other 
conditions on the attached page. 
 
 
Case 2:22-cr-00039-SPC-NPM   Document 93   Filed 02/23/23   Page 3 of 6 PageID 952

Daniel Joseph Tisone 
2:22-cr-39-SPC-NPM 
 
AO 245B (Rev. 09/19) Judgment in a Criminal Case 
Page 4 of 6
STANDARD CONDITIONS OF SUPERVISION 
 
As part of Defendant’s supervised release, Defendant must comply with the following standard conditions of supervision.  
These conditions are imposed because they establish the basic expectations for Defendant’s behavior while on 
supervision and identify the minimum tools needed by probation officers to keep informed, report to the court about, and 
bring about improvements in Defendant’s conduct and condition.  
1. 
Defendant must report to the probation office in the federal judicial district where Defendant is authorized to reside 
within 72 hours of Defendant’s release from imprisonment, unless the probation officer instructs Defendant to report 
to a different probation office or within a different time frame. 
2. 
After initially reporting to the probation office, Defendant will receive instructions from the court or the probation 
officer about how and when Defendant must report to the probation officer, and Defendant must report to the 
probation officer as instructed. 
3. 
Defendant must not knowingly leave the federal judicial district where Defendant is authorized to reside without first 
getting permission from the court or the probation officer. 
4. 
Defendant must answer truthfully the questions asked by Defendant’s probation officer  
5. 
Defendant must live at a place approved by the probation officer. If Defendant plans to change where Defendant 
lives or anything about Defendant’s living arrangements (such as the people Defendant lives with), Defendant must 
notify the probation officer at least 10 days before the change. If notifying the probation officer in advance is not 
possible due to unanticipated circumstances, Defendant must notify the probation officer within 72 hours of 
becoming aware of a change or expected change. 
6. 
Defendant must allow the probation officer to visit Defendant at any time at Defendant’s home or elsewhere, and 
Defendant must permit the probation officer to take any items prohibited by the conditions of Defendant’s 
supervision that the probation officer observes in plain view. 
7. 
Defendant must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation 
officer excuses Defendant from doing so.  If Defendant does not have full-time employment Defendant must try to 
find full-time employment, unless the probation officer excuses Defendant from doing so. If Defendant plans to 
change where Defendant works or anything about Defendant’s work (such as Defendant’s position or Defendant’s 
job responsibilities), Defendant must notify the probation officer at least 10 days before the change. If notifying the 
probation officer at least 10 days in advance is not possible due to unanticipated circumstances, Defendant must 
notify the probation officer within 72 hours of becoming aware of a change or expected change. 
8. 
Defendant must not communicate or interact with anyone Defendant knows is engaged in criminal activity.  If 
Defendant knows someone has been convicted of a felony, Defendant must not knowingly communicate or interact 
with that person without first getting the permission of the probation officer. 
9. 
If Defendant is arrested or questioned by a law enforcement officer, Defendant must notify the probation officer 
within 72 hours. 
10. 
Defendant must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous 
weapon (i.e., anything that was designed, or was modified for, the specific purpose of causing bodily injury or death 
to another person, such as nunchakus or tasers). 
11. 
Defendant must not act or make any agreement with a law enforcement agency to act as a confidential human 
source or informant without first getting the permission of the court. 
12. 
If the probation officer determines that Defendant poses a risk to another person (including an organization), the 
probation officer may require Defendant to notify the person about the risk and Defendant must comply with that 
instruction.  The probation officer may contact the person and confirm that Defendant has notified the person about 
the risk. 
13. 
Defendant must follow the instructions of the probation officer related to the conditions of supervision. 
 
 
U.S. Probation Office Use Only 
 
A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written 
copy of this judgment containing these conditions. For further information regarding these conditions, see Overview of 
Probation and Supervised Release Conditions, available at: www.uscourts.gov. 
 
 
Defendant’s Signature: 
 
Date: 
 
 
 
Case 2:22-cr-00039-SPC-NPM   Document 93   Filed 02/23/23   Page 4 of 6 PageID 953

Daniel Joseph Tisone 
2:22-cr-39-SPC-NPM 
 
AO 245B (Rev. 09/19) Judgment in a Criminal Case 
Page 5 of 6
ADDITIONAL CONDITIONS OF SUPERVISED RELEASE 
 
1. 
Defendant shall participate in a substance abuse program (outpatient and/or inpatient) and follow the probation 
officer’s instructions regarding the implementation of this court directive.  Further, Defendant shall contribute to the 
costs of these services not to exceed an amount determined reasonable by the Probation Office’s Sliding Scale for 
Substance Abuse Treatment Services. During and upon completion of this program, Defendant is directed to submit 
to random drug testing. 
2. 
Defendant shall be prohibited from incurring new credit charges, opening additional lines of credit, or making an 
obligation for any major purchases without approval of the Probation Officer. 
3. 
Defendant shall provide the probation officer access to any requested financial information. 
4. 
Defendant shall submit to a search of Defendant’s person, residence, place of business, any storage units under 
Defendant’s control, computer, or vehicle, conducted by the United States Probation Officer at a reasonable time 
and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a 
condition of release.  Failure to submit to a search may be grounds for revocation.  Defendant shall inform any other 
residents that the premises may be subject to a search pursuant to this condition. 
5. 
Defendant shall submit to random drug testing not to exceed 104 tests per year.  
Case 2:22-cr-00039-SPC-NPM   Document 93   Filed 02/23/23   Page 5 of 6 PageID 954

Daniel Joseph Tisone 
2:22-cr-39-SPC-NPM 
 
AO 245B (Rev. 09/19) Judgment in a Criminal Case 
Page 6 of 6
CRIMINAL MONETARY PENALTIES 
 
 
Defendant shall pay the following total criminal monetary penalties under the schedule of payments set forth in 
the Schedule of Payments. 
 
Assessment 
AVAA Assessment1 
JVTA Assessment2  
Fine 
Restitution 
TOTALS 
$400.00 
$0.00 
$0.00 
WAIVED 
$2,617,447.17 
 
Defendant shall make restitution (including community restitution) to the following payees in the amount listed 
below. 
 
If Defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless 
specified otherwise in the priority order or percentage payment column below.  However, pursuant to 18 U.S.C. § 
3664(i), all nonfederal victims must be paid in full prior to the United States receiving payment. 
Name of Payee 
Restitution Ordered 
Bank of Clarke County 
2 East Main Street 
Berryville, VA 22611 
$1,476,093.00 
SBA/DFC 
721 19th St. 
3rd Floor, Room 301 
Denver, CO  80202 
$1,141,354.17 
 
SCHEDULE OF PAYMENTS 
 
Special assessment shall be paid in full and is due immediately. 
 
Having assessed Defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows: 
 
The Court finds the defendant does not have the ability to pay interest, therefore the interest requirements for 
restitution are waived. 
 
While in the custody of the Bureau of Prisons, Defendant shall either (1) pay at least $25 quarterly if Defendant has 
non-Unicor or (2) pay at least 50 percent (50%) of your monthly earnings if working Defendant has a Unicor position.  
Upon release fro11m custody, Defendant is ordered to begin making payments of 10 percent (10%) of monthly 
income per month and this payment schedule shall continue until such time as the Court is notified by Defendant, 
the victim or the government that there has been a material change in Defendant’s ability to pay. 
 
Unless the court has expressly ordered otherwise in the special instructions above, if this judgment imposes a period of 
imprisonment, payment of criminal monetary penalties shall be due during the period of imprisonment.  All criminal 
monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate Financial 
Responsibility Program, are made to the Clerk of the Court, unless otherwise directed by the court, the probation 
officer, or the United States attorney. 
 
Defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. 
 
Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA 
assessment, (5) fine principal, (6) fine interest - WAIVED, (7) community restitution, (8) JVTA assessment, (9) penalties, 
and (10) costs, including cost of prosecution and court costs. 
 
FORFEITURE 
 
Defendant shall forfeit to the United States those assets previously identified in the Indictment (Doc. 19), Amended 
Plea Agreement (Doc. 54) and Order of Forfeiture (Doc. 69) that are subject to forfeiture.   
 
1 Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299. 
2 Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22. 
Case 2:22-cr-00039-SPC-NPM   Document 93   Filed 02/23/23   Page 6 of 6 PageID 955

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