Court filing
Transmittal of initial appeal package as to Daniel Joseph Tisone to USCA consisting — USA v. Tisone (Dkt. 96, M.D. Fla. No. 2:22-mj-01043, docketed in No. 2:22-cr-00039)
Filed March 6, 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 | 2023-03-06 |
U.S. District Court for the Middle District of Florida · No. 2:22-cr-00039-SPC-NPM · Doc. 96 · 2023-03-06 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
U.S. Courthouse & Federal Building
Office of the Clerk
2110 First Street, Room 2-194
Fort Myers, FL 33901
(239) 461-2000
www.flmd.uscourts.gov
Elizabeth M. Warren
Leslie M. Friedmann
Clerk of Court
Fort Myers Division Manager
DATE: March 6, 2023
TO:
Clerk, U.S. Court of Appeals for the Eleventh Circuit
UNITED STATES OF AMERICA
VS.
CASE NO: 2:22-cr-39-SPC-NPM
DANIEL JOSEPH TISONE
U.S.C.A. Case No.:
•
Honorable Sheri Polster Chappell, United States District Judge appealed from.
•
Appeal filing fee was paid.
•
Certified copy of Notice of Appeal, docket entries, judgment and/or Order appealed from. Opinion was
not entered orally.
ELIZABETH M. WARREN, CLERK
By:
s/jlk, Deputy Clerk
Case 2:22-cr-00039-SPC-NPM Document 96 Filed 03/06/23 Page 1 of 21 PageID 962
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
/
NOTICE OF APPEAL
Notice is hereby given that Defendant Daniel Joseph Tisone appeals to the
United States Court of Appeals for the Eleventh Circuit the final judgment and
sentence that was entered on February 23, 2023. (Doc. 93)
Respectfully submitted on March 6, 2023
s/ J. Jervis Wise
J. JERVIS WISE, ESQ.
BRUNVAND WISE, P.A.
615 Turner Street
Clearwater, FL 33756
Telephone: 727-446-7505
Facsimile: 727-446-8147
E-Mail: jervis@acquitter.com
Florida Bar # 0019181
Counsel for Appellant Daniel Tisone
Case 2:22-cr-00039-SPC-NPM Document 96 Filed 03/06/23 Page 2 of 21 PageID 963
United States v. Tisone
Notice of Appeal
Page 2 of 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on March 6, 2023, I electronically filed the
foregoing with Clerk of Court using the CM/ECF system, which will send a notice
of electronic filing to all counsel of record.
s/ J. Jervis Wise
J. JERVIS WISE, ESQ.
BRUNVAND WISE, P.A.
615 Turner Street
Clearwater, FL 33756
Telephone: 727-446-7505
Facsimile: 727-446-8147
E-Mail: jervis@acquitter.com
Florida Bar # 0019181
Counsel for Appellant Daniel Tisone
Case 2:22-cr-00039-SPC-NPM Document 96 Filed 03/06/23 Page 3 of 21 PageID 964
APPEAL, BOND, CLOSED, SL DOC
U.S. District Court
Middle District of Florida (Ft. Myers)
CRIMINAL DOCKET FOR CASE #: 2:22-cr-00039-SPC-NPM All Defendants
Case title: USA v. Tisone
Magistrate judge case number: 2:22-mj-01043-DNF
Date Filed: 04/20/2022
Date Terminated: 02/23/2023
Assigned to: Judge Sheri Polster Chappell
Referred to: Magistrate Judge Nicholas P.
Mizell
Defendant (1)
Daniel Joseph Tisone
TERMINATED: 02/23/2023
represented by Mark R. Eiglarsh
Law Offices of Mark Eiglarsh
3107 Stirling Road
Suite 207
Fort Lauderdale, FL 33312
305-674-0003
Email: Mark@EiglarshLaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts
Disposition
18:1343.F FRAUD BY WIRE, RADIO, OR
TELEVISION
(2)
Imprisonment:87-MONTHS, as to Counts
2, 8, 14 and 18, all such terms shall run
concurrently to each other; Supervised
Release: 36-MONTHS, as to Counts 2, 8,
14 and 18, all such terms shall run
concurrently to each other; Restitution;
Forfeiture; Special Assessments: $400;
Defendant to self-surrender on Wednesday,
April 19, 2023 by 2pm, if defendant
designated to facility sooner than that date
must report as directed by BOP
18:1344A.F BANK FRAUD
(8)
Imprisonment:87-MONTHS, as to Counts
2, 8, 14 and 18, all such terms shall run
concurrently to each other; Supervised
Release: 36-MONTHS, as to Counts 2, 8,
14 and 18, all such terms shall run
concurrently to each other; Restitution;
Forfeiture; Special Assessments: $400;
Defendant to self-surrender on Wednesday,
Case 2:22-cr-00039-SPC-NPM Document 96 Filed 03/06/23 Page 4 of 21 PageID 965
April 19, 2023 by 2pm, if defendant
designated to facility sooner than that date
must report as directed by BOP
18:1957-5800.F ENGAGING IN
MONETARY TRANSACTIONS
(14)
Imprisonment:87-MONTHS, as to Counts
2, 8, 14 and 18, all such terms shall run
concurrently to each other; Supervised
Release: 36-MONTHS, as to Counts 2, 8,
14 and 18, all such terms shall run
concurrently to each other; Restitution;
Forfeiture; Special Assessments: $400;
Defendant to self-surrender on Wednesday,
April 19, 2023 by 2pm, if defendant
designated to facility sooner than that date
must report as directed by BOP
18:922G.F UNLAWFUL TRANSPORT OF
FIREARMS, ETC.
(18)
Imprisonment:87-MONTHS, as to Counts
2, 8, 14 and 18, all such terms shall run
concurrently to each other; Supervised
Release: 36-MONTHS, as to Counts 2, 8,
14 and 18, all such terms shall run
concurrently to each other; Restitution;
Forfeiture; Special Assessments: $400;
Defendant to self-surrender on Wednesday,
April 19, 2023 by 2pm, if defendant
designated to facility sooner than that date
must report as directed by BOP
Highest Offense Level (Opening)
Felony
Terminated Counts
Disposition
18:1343.F FRAUD BY WIRE, RADIO, OR
TELEVISION
(1)
Disposed.
18:1343.F FRAUD BY WIRE, RADIO, OR
TELEVISION
(3-4)
Disposed.
18:1344A.F BANK FRAUD
(5-7)
Disposed.
18:1344A.F BANK FRAUD
(9-10)
Disposed.
18:1028A.F FRAUD WITH
IDENTIFICATION DOCUMENTS
(11-12)
Disposed.
18:1957-5800.F ENGAGING IN
MONETARY TRANSACTIONS
(13)
Disposed.
18:1957-5800.F ENGAGING IN
MONETARY TRANSACTIONS
(15-17)
Disposed.
Case 2:22-cr-00039-SPC-NPM Document 96 Filed 03/06/23 Page 5 of 21 PageID 966
Highest Offense Level (Terminated)
Felony
Complaints
Disposition
18:1343.F FRAUD BY WIRE, RADIO, OR
TELEVISION, 18:1344A.F BANK
FRAUD, 18:1957-4601.F BANK FRAUD
Claimant
Wilmington Savings Fund Society, FSB
as Trustee
represented by Benjamin Bruce Brown
Quarles & Brady, LLP
Suite 300
1395 Panther Ln
Naples, FL 34109-7874
239/659-5026
Fax: 239/213-5426
Email: benjamin.brown@quarles.com
ATTORNEY TO BE NOTICED
Designation: Retained
Emily A. Plakon
Quarles & Brady LLP
101 E. Kennedy Blvd.
Suite 3400
Tampa, FL 33602
813-384-6710
Email: emily.plakon@quarles.com
ATTORNEY TO BE NOTICED
Designation: Retained
Joseph T. Kohn
Quarles & Brady, LLP*
Suite 300
1395 Panther Ln
Naples, FL 34109-7874
239/262-5959
Fax: 239/213-5599
Email: joseph.kohn@quarles.com
ATTORNEY TO BE NOTICED
Designation: Retained
Claimant
Mortgage Electric Registration Systems,
Inc.
represented by Benjamin Bruce Brown
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained
Emily A. Plakon
Case 2:22-cr-00039-SPC-NPM Document 96 Filed 03/06/23 Page 6 of 21 PageID 967
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained
Joseph T. Kohn
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained
Claimant
Bank of Clark County
represented by Enjolique D. Aytch Lett
Greenberg Traurig, P.A
333 S.E. 2nd Avenue
Suite 4400
Miami, FL 33131
305-579-0640
Fax: 305-579-0717
Email: Lette@gtlaw.com
ATTORNEY TO BE NOTICED
Claimant
Collier County Tax Collector
represented by Luis Ernesto Rivera , II
GrayRobinson, P.A.
1404 Dean Street
Suite 300
Fort Myers, FL 33901
239/254-8460
Fax: 239/598-3164
Email: luis.rivera@gray-robinson.com
ATTORNEY TO BE NOTICED
Designation: Retained
Plaintiff
USA
represented by Julie A. Simonsen
United States Attorney's Office
400 N. Tampa Street., Suite 3200
Tampa, FL 33602
813-301-3067
Email: julie.simonsen@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Retained
Suzanne C. Nebesky
US Attorney's Office - FLM
Suite 3200
400 N Tampa St
Tampa, FL 33602-4798
813/274-6000
Case 2:22-cr-00039-SPC-NPM Document 96 Filed 03/06/23 Page 7 of 21 PageID 968
Email: suzanne.nebesky@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Retained
Trenton Reichling
US Attorney's Office - FLM
Room 3-137
2110 First Street
Ft Myers, FL 33901
239/461-2221
Email: Trenton.Reichling@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Retained
Date Filed
#
Docket Text
03/06/2023
95 NOTICE OF APPEAL by Daniel Joseph Tisone re 93 Judgment. Filing fee paid $
505, receipt number AFLMDC-20575854. (Wise, J.) (Entered: 03/06/2023)
02/23/2023
93 JUDGMENT as to Daniel Joseph Tisone, Counts 1, 11-12, 13, 15-17, 3-4, 5-7,
and 9-10, Disposed. Counts 2, 8, 14, and 18 - Imprisonment:87-MONTHS, as to
Counts 2, 8, 14 and 18, all such terms shall run concurrently to each other;
Supervised Release: 36-MONTHS, as to Counts 2, 8, 14 and 18, all such terms
shall run concurrently to each other; Restitution; Forfeiture; Special
Assessments: $400; Defendant to self-surrender on Wednesday, April 19, 2023
by 2pm, if defendant designated to facility sooner than that date must report as
directed by BOP. Signed by Judge Sheri Polster Chappell on 2/23/2023. (AEH)
(Entered: 02/23/2023)
02/23/2023
92 TRANSCRIPT of Sentencing Hearing as to Daniel Joseph Tisone held on February
21, 2023 before Judge Sheri Polster Chappell. Court Reporter/Transcriber: Stacey
Raikes. Email address: Stacey_Raikes@flmd.uscourts.gov. Telephone number: 239-
461-2064.
NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with
the court a Notice of Intent to Request Redaction of this transcript. If no such notice
is filed, the transcript may be made remotely available to the public without redaction
after ninety (90) calendar days. Transcript may be viewed at the court public terminal
or purchased through the Court Reporter/Transcriber before the deadline for Release
of Transcript Restriction. After that date it may be obtained through PACER or
purchased through the Court Reporter. Redaction Request due 3/16/2023. Redacted
Transcript Deadline set for 3/27/2023. Release of Transcript Restriction set for
5/24/2023. (SER) (Entered: 02/23/2023)
02/21/2023
91 Minute Entry for In Person proceedings held before Judge Sheri Polster Chappell:
SENTENCING held on 2/21/2023 for Daniel Joseph Tisone, Counts 1, 11-12, 13, 15-
17, 3-4, 5-7, 9-10, Disposed on motion of United States, as per plea agreement;
Counts 2, 8, 14, and 18 - Imprisonment:87-MONTHS, as to Counts 2, 8, 14 and 18,
all such terms shall run concurrently to each other; Supervised Release: 36-
MONTHS, as to Counts 2, 8, 14 and 18, all such terms shall run concurrently to each
other; Restitution; Forfeiture; Special Assessments: $400; Defendant to self-surrender
on Wednesday, April 19, 2023 by 2pm, if defendant designated to facility sooner than
that date must report as directed by BOP. Court Reporter: Stacey Raikes (AEH)
(Entered: 02/21/2023)
Case 2:22-cr-00039-SPC-NPM Document 96 Filed 03/06/23 Page 8 of 21 PageID 969
02/20/2023
90 MOTION for downward departure by Daniel Joseph Tisone. (Eiglarsh, Mark)
(Entered: 02/20/2023)
02/19/2023
89 AFFIDAVIT of Andrew J. DeSilva by Daniel Joseph Tisone (Eiglarsh, Mark)
Modified text on 2/22/2023 (JK). (Entered: 02/19/2023)
02/16/2023
88 MOTION for downward departure by Daniel Joseph Tisone. (Eiglarsh, Mark)
(Entered: 02/16/2023)
02/16/2023
87 Unopposed MOTION to Strike 80 MOTION for Miscellaneous Relief, specifically
Petition for Remission by USA as to Daniel Joseph Tisone. (Nebesky, Suzanne)
(Entered: 02/16/2023)
02/15/2023
86 MOTION to recognize substantial assistance pursuant to 5k1.1 by USA as to Daniel
Joseph Tisone. (Reichling, Trenton) (Entered: 02/15/2023)
02/14/2023
83 NOTICE to the Court Regarding the Collier County Tax Collector by USA as to
Daniel Joseph Tisone re 81 MOTION for Miscellaneous Relief, specifically Petition
Asserting Verified Interest in Property to Be Forfeited. (Nebesky, Suzanne) (Entered:
02/14/2023)
02/14/2023
82 NOTICE to the Court Regarding Petition of MERS by USA as to Daniel Joseph
Tisone re 79 MOTION for Miscellaneous Relief, specifically Adjudication of
Validity in Interest of Property. (Nebesky, Suzanne) (Entered: 02/14/2023)
02/14/2023
80 MOTION for Miscellaneous Relief, specifically Petition for Remission by Bank of
Clark County as to Daniel Joseph Tisone. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3
Exhibit)(Aytch Lett, Enjolique) (Entered: 02/14/2023)
02/10/2023
81 MOTION for Miscellaneous Relief, specifically Petition Asserting Verified Interest
in Property to Be Forfeited by Collier County Tax Collector as to Daniel Joseph
Tisone. (JK) (Entered: 02/14/2023)
02/07/2023
79 MOTION for Miscellaneous Relief, specifically Adjudication of Validity in Interest
of Property by Wilmington Savings Fund Society, FSB, Mortgage Electric
Registration Systems, Inc. as to Daniel Joseph Tisone. (Attachments: # 1 Exhibit A, #
2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(JK) (Entered: 02/09/2023)
01/30/2023
78 PROOF OF PUBLICATION as to Daniel Joseph Tisone newspaper: Official
Government Internet Site (www.forfeiture.gov) dates of publication: 30 consecutive
days from December 31, 2022 through January 29, 2023. (Nebesky, Suzanne)
(Entered: 01/30/2023)
01/12/2023
77 NOTICE OF RESCHEDULING SENTENCING HEARING: The Sentencing
hearing as to Daniel Joseph Tisone previously scheduled for 1/30/2023 is
rescheduled. The new hearing date and time are as follows: Sentencing is now set for
2/21/2023 at 10:00AM in Ft. Myers Courtroom 5D before Judge Sheri Polster
Chappell. (AEH) (Entered: 01/12/2023)
01/12/2023
76 ENDORSED ORDER granting Defendant Daniel Joseph Tisone's Unopposed
Motion to Continue Sentencing (Doc. 74). The Clerk SHALL reschedule the
hearing by separate notice. Signed by Judge Sheri Polster Chappell on
1/12/2023. (AEH) (Entered: 01/12/2023)
01/12/2023
75 ENDORSED ORDER denying as moot Defendant Daniel Joseph Tisone's
Motion to Continue Trial (Doc. 73). Case not set for trial. Signed by Judge Sheri
Polster Chappell on 1/12/2023. (AEH) (Entered: 01/12/2023)
Case 2:22-cr-00039-SPC-NPM Document 96 Filed 03/06/23 Page 9 of 21 PageID 970
01/11/2023
74 Unopposed MOTION to Continue sentence by Daniel Joseph Tisone. (Eiglarsh,
Mark) (Entered: 01/11/2023)
01/11/2023
73 MOTION to Continue trial by Daniel Joseph Tisone. (Eiglarsh, Mark) (Entered:
01/11/2023)
01/10/2023
72 ENDORSED ORDER STRIKING (Doc. 70) filed by Defendant Daniel Joseph
Tisone. Parties are to raise any objections to the Preliminary Presentence
Report directly to United States Probation on the form provided at page 43 of
the Preliminary Presentence Report filed at (Doc. 67). If the parties are unable
to resolve the objections prior to the Final Presentence Report, then counsel
must file a notice regarding the unresolved objections. Signed by Judge Sheri
Polster Chappell on 1/10/2023. (AEH) (Entered: 01/10/2023)
01/09/2023
71 OBJECTION to 56 Report and Recommendations Report and Recommendations
Concerning Plea of Guilty, by Daniel Joseph Tisone (Eiglarsh, Mark) (Entered:
01/09/2023)
01/09/2023
70 STRICKEN per 72 Order -- MOTION for downward departure From Criminal
History Category III by Daniel Joseph Tisone. (Eiglarsh, Mark) Modified text on
1/10/2023 (JK). Modified to Stricken on 1/10/2023 (JK). (Entered: 01/09/2023)
12/30/2022
69 ORDER granting the United States' Motion for Order of Forfeiture and
Preliminary Order of Forfeiture for Direct Assets as to Daniel Joseph Tisone
(Doc. 68). Signed by Judge Sheri Polster Chappell on 12/30/2022. (AEH)
(Entered: 12/30/2022)
12/30/2022
68 MOTION for Forfeiture of an Order of Forfeiture & Preliminary Order for Direct
Assets by USA as to Daniel Joseph Tisone. (Nebesky, Suzanne) (Entered:
12/30/2022)
10/31/2022
65 NOTICE OF RESCHEDULING SENTENCING HEARING: The Sentencing
hearing as to Daniel Joseph Tisone previously scheduled for 12/5/2022 is
rescheduled. The new hearing date and time are as follows: Sentencing is now set for
1/30/2023 at 9:30AM in Ft. Myers Courtroom 5D before Judge Sheri Polster
Chappell. (AEH) (Entered: 10/31/2022)
10/31/2022
64 ORDERED: Defendant Daniel Tisone's Motion to Continue Sentencing Date
(Doc. 62) is GRANTED in part and DENIED in part. Defendant's Motion is
granted to the extent that sentencing hearing is now set for January 30, 2022, at
9:30 a.m. The Clerk is DIRECTED to issue a notice of hearing under separate
cover. Defendant must file - under seal - on or before November 13, 2022, the
following proof and information: proof the mortgage on 550 Starboard Drive,
Naples, Florida 34103 is current; proof the mortgage is current on 1001 10th
Avenue South, #101, Naples, Florida 34102; proof of payment of all insurance
premiums for both properties; proof of payment of proof of payment of all
association fees; full copies of all policies, including flood policies both subject
properties; notification and proof of any compensation provided by any
insurers, FEMA, or government agencies with respect to any damages or loss to
the properties. Signed by Judge Sheri Polster Chappell on 10/31/2022. (AEH)
(Entered: 10/31/2022)
10/25/2022
63 RESPONSE to Motion re 62 MOTION to Continue sentencing date by USA as to
Daniel Joseph Tisone (Reichling, Trenton) (Entered: 10/25/2022)
10/25/2022
62 MOTION to Continue sentencing date by Daniel Joseph Tisone. (Eiglarsh, Mark)
(Entered: 10/25/2022)
Case 2:22-cr-00039-SPC-NPM Document 96 Filed 03/06/23 Page 10 of 21 PageID 971
08/29/2022
61 ENDORSED ORDER granting Defendant Daniel Joseph Tisone's Unopposed
Motion for Additional Time Before Sentencing (Doc. 58). The Sentencing date
has been extended out 101 days to December 5, 2022 at 10:00AM. Signed by
Judge Sheri Polster Chappell on 8/29/2022. (AEH) (Entered: 08/29/2022)
08/29/2022
60 SENTENCING SCHEDULING ORDER as to Daniel Joseph Tisone: Sentencing
is set for 12/5/2022 at 10:00AM in Ft. Myers Courtroom 5D before Judge Sheri
Polster Chappell. Signed by Judge Sheri Polster Chappell on 8/29/2022. (AEH)
(Entered: 08/29/2022)
08/29/2022
59 ACCEPTANCE OF PLEA of guilty and adjudication of guilt re: counts Two, Eight,
Fourteen, and Eighteen of the Indictment as to Daniel Joseph Tisone. Signed by
Judge Sheri Polster Chappell on 8/29/2022. (Sentencing is set for 12/5/2022 at
10:00AM in Ft. Myers Courtroom 5D before Judge Sheri Polster Chappell.) (AEH)
(Entered: 08/29/2022)
08/29/2022
58 Unopposed MOTION for Additional Time Before Sentencing by Daniel Joseph
Tisone. (Eiglarsh, Mark) Motions referred to Magistrate Judge Nicholas P. Mizell.
Modified on 8/30/2022 to edit docket text to reflect pleading title (SEH). (Entered:
08/29/2022)
08/26/2022
56 REPORT AND RECOMMENDATION as to Daniel Joseph Tisone, REPORT
AND RECOMMENDATIONS Concerning Plea of Guilty re: count(s) Two,
Eight, Fourteen and Eighteen of the Indictment as to Daniel Joseph Tisone.
Signed by Magistrate Judge Nicholas P. Mizell on 8/26/2022. (WRW) (Entered:
08/26/2022)
08/26/2022
55 Minute Entry for In Person proceedings held before Magistrate Judge Nicholas P.
Mizell: Change of Plea Hearing as to Daniel Joseph Tisone held on 8/26/2022.
(DIGITAL) (WRW) (Entered: 08/26/2022)
08/26/2022
54 AMENDED PLEA AGREEMENT re: count(s) Two, Eight, Fourteen and Eighteen of
the Indictment as to Daniel Joseph Tisone (WRW) (Entered: 08/26/2022)
08/08/2022
53 Minute Entry for Telephonic proceedings held before Magistrate Judge Nicholas P.
Mizell: STATUS Conference as to Daniel Joseph Tisone held on 8/8/2022. Court
Reporter: Stacey Raikes (AEH) (Entered: 08/09/2022)
08/07/2022
52 NOTICE TO ALL PARTIES REGARDING AUGUST 8TH, 2022 CRIMINAL
STATUS CONFERENCE HEARING: The Status Conferences set for 8/8/2022 at
9:30 AM will be conducted via teleconference; the defendant's presence IS NOT
REQUIRED. Participants are instructed to follow the call-in instructions to join the
teleconference and follow the prompts. DIAL IN INSTRUCTIONS: TELEPHONE
NUMBER: 1-239-673-2222, CONFERENCE I.D.: 303 285 473#. Dial in at least 5
minutes before hearing time. Landline preferred - DO NOT USE SPEAKERPHONE
FEATURE DURING THE CALL. (AEH) (Entered: 08/07/2022)
07/25/2022
51 NOTICE OF RESCHEDULING HEARING: The Change of Plea Hearing as to
Daniel Joseph Tisone previously scheduled for 7/29/2022 is rescheduled to 8/26/2022
at 01:30 PM in Ft. Myers Courtroom 5 D before Magistrate Judge Nicholas P. Mizell.
(WRW) (Entered: 07/25/2022)
07/25/2022
50 ORDER granting 49 Unopposed Motion to Continue Trial Date as to Daniel
Joseph Tisone. Jury Trial set for September 2022 trial term. Status Conference
set for 8/8/2022 at 09:30 AM before Judge Sheri Polster Chappell. Call in
instructions to be set by separate notice. Signed by Judge Sheri Polster Chappell
on 7/25/2022. (JGG) (Entered: 07/25/2022)
Case 2:22-cr-00039-SPC-NPM Document 96 Filed 03/06/23 Page 11 of 21 PageID 972
07/22/2022
49 Unopposed MOTION to Continue trial by Daniel Joseph Tisone. (Eiglarsh, Mark)
Modified as to docket text on 7/22/2022 (JK). (Entered: 07/22/2022)
07/19/2022
48 WAIVER of OBJECTION TO REPORT AND RECOMMENDATION by USA as to
Daniel Joseph Tisone. (Reichling, Trenton) (Entered: 07/19/2022)
07/19/2022
47 PLEA AGREEMENT re: count(s) Two, Eight, Fourteen, and Eighteen of the
Indictment as to Daniel Joseph Tisone (Reichling, Trenton) (Entered: 07/19/2022)
07/15/2022
46 REGISTRY MONIES received in the amount of $153,402; Receipt # FTM015887.
(JK) (Entered: 07/19/2022)
07/11/2022
45 Minute Entry for Telephonic proceedings held before Judge Sheri Polster Chappell:
STATUS Conference as to Daniel Joseph Tisone held on 7/11/2022. Court Reporter:
Stacey Raikes (AEH) (Entered: 07/13/2022)
07/11/2022
44 NOTICE of no objection to Report and Recommendation by Daniel Joseph Tisone
(Eiglarsh, Mark) (Entered: 07/11/2022)
07/11/2022
43 NOTICE OF HEARING as to Daniel Joseph Tisone: Change of Plea Hearing set for
7/29/2022 at 01:30 PM in Ft. Myers Courtroom 5 C before Magistrate Judge
Nicholas P. Mizell. All plea paperwork to be filed 48 hours prior to hearing.(WRW)
(Entered: 07/11/2022)
07/08/2022
42 NOTICE TO ALL PARTIES REGARDING JULY 11TH, 2022 CRIMINAL STATUS
CONFERENCE HEARING: The Status Conferences set for 7/11/2022 at 9:30 AM
before Judge Sheri Polster Chappell will be conducted via teleconference; the
defendant's presence IS NOT REQUIRED. Participants are instructed to follow the
call-in instructions to join the teleconference and follow the prompts. DIAL IN
INSTRUCTIONS: TELEPHONE NUMBER: 1-239-673-2222, CONFERENCE I.D.:
303 285 473#. Dial in at least 5 minutes before hearing time. Landline preferred - DO
NOT USE SPEAKERPHONE FEATURE DURING THE CALL. (AEH) (Entered:
07/08/2022)
05/20/2022
41 NOTICE of Filing Stipulation regarding Restitution by USA as to Daniel Joseph
Tisone (Attachments: # 1 Exhibit A - Stipulation Regarding Restitution)(Simonsen,
Julie) Modified as to docket text on 5/20/2022 (JK). (Entered: 05/20/2022)
05/10/2022
37 ORDER granting 34 unopposed motion for an order to deposit funds and
disburse. To best serve the purpose of defendant Daniel Joseph Tisone's
anticipated restitution, the CLERK shall accept Tisone's prejudgment payments
and shall hold these funds in an interest-bearing account within the court's
registry. Signed by Magistrate Judge Nicholas P. Mizell on 5/10/2022. (GSK)
(Entered: 05/10/2022)
05/09/2022
40 ORAL ORDER granting D.E. 39 ORAL Motion to Continue Trial Term as to
Daniel Joseph Tisone. The Court finds that the ends of justice served by
granting such a continuance outweigh the best interest of the public and the
defendant's in a speedy trial. The Court, therefore, determines that the time
from today until the end of the August 2022 trial term shall be "excludable
time" pursuant to 18 U.S.C. § 3161(h). Jury Trial is set for the trial term
commencing August 1, 2022 in Ft. Myers Courtroom 5D before Judge Sheri
Polster Chappell and a Criminal Status Conference is scheduled for July 11th,
2022 at 9:30am before Judge Sheri Polster Chappell and will be conducted via
teleconference. Participants shall receive call-in instructions for joining hearing
by separate notice. Signed by Judge Sheri Polster Chappell on 5/9/2022. (AEH)
(Entered: 05/10/2022)
Case 2:22-cr-00039-SPC-NPM Document 96 Filed 03/06/23 Page 12 of 21 PageID 973
05/09/2022
39 ORAL MOTION to Continue trial by Daniel Joseph Tisone. (AEH) (Entered:
05/10/2022)
05/09/2022
38 Minute Entry for Telephonic proceedings held before Judge Sheri Polster Chappell:
STATUS Conference as to Daniel Joseph Tisone held on 5/9/2022. Court Reporter:
Stacey Raikes (AEH) (Entered: 05/10/2022)
05/08/2022
36 NOTICE TO ALL PARTIES REGARDING MAY 9TH, 2022 CRIMINAL STATUS
CONFERENCE HEARING: The Status Conferences set for 5/9/2022 at 9:30 AM
before Judge Sheri Polster Chappell will be conducted via teleconference; the
defendant's presence IS NOT REQUIRED. Participants are instructed to follow the
call-in instructions to join the teleconference and follow the prompts. DIAL IN
INSTRUCTIONS: TELEPHONE NUMBER: 1-239-673-2222, CONFERENCE I.D.:
739 769 413#. Dial in at least 5 minutes before hearing time. Landline preferred - DO
NOT USE SPEAKERPHONE FEATURE DURING THE CALL. (AEH) (Entered:
05/08/2022)
05/05/2022
35 NOTICE of Compliance with Discovery by USA as to Daniel Joseph Tisone
(Attachments: # 1 Discovery Letter)(Reichling, Trenton) Modified as to docket text
and to remove all caps on 5/5/2022 (JK). (Entered: 05/05/2022)
04/28/2022
34 Unopposed MOTION for Miscellaneous Relief, specifically Unopposed Motion for
an Order to Deposit Funds and Disburse by USA as to Daniel Joseph Tisone.
(Simonsen, Julie) (Entered: 04/28/2022)
04/22/2022
33 NOTICE OF ATTORNEY APPEARANCE Julie A. Simonsen appearing for USA.
(Simonsen, Julie) (Entered: 04/22/2022)
04/21/2022
31 SCHEDULING ORDER as to Daniel Joseph Tisone Status Conference set for
5/9/2022 at 09:30 AM before Judge Sheri Polster Chappell, Jury Trial term
6/1/2022 before Judge Sheri Polster Chappell Signed by Magistrate Judge
Nicholas P. Mizell on 4/21/2022. (WRW) (Entered: 04/21/2022)
04/21/2022
30 Minute Entry for In Person proceedings held before Magistrate Judge Nicholas P.
Mizell: granting 27 ORAL Motion for Discovery as to Daniel Joseph Tisone (1);
granting 28 ORAL Motion for Reciprocal Discovery as to Daniel Joseph Tisone (1);
granting 29 JOINT ORAL Motion for entry of scheduling order setting this matter for
trial as to Daniel Joseph Tisone (1); ARRAIGNMENT as to Daniel Joseph Tisone (1)
Count 1-4, 5-10, 11-12, 13-17, 18, held on 4/21/2022 Defendant(s) pled not guilty.
(DIGITAL) (WRW) (Entered: 04/21/2022)
04/21/2022
29 JOINT ORAL MOTION for entry of scheduling order setting this matter for trial by
Daniel Joseph Tisone. (WRW) (Entered: 04/21/2022)
04/21/2022
28 ORAL MOTION for Reciprocal Discovery by USA as to Daniel Joseph Tisone.
(WRW) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered:
04/21/2022)
04/21/2022
27 ORAL MOTION for Discovery by Daniel Joseph Tisone. (WRW) Motions referred
to Magistrate Judge Nicholas P. Mizell. (Entered: 04/21/2022)
04/21/2022
26 NOTICE OF LIS PENDENS for 550 Starboard Drive, Naples, Florida 34103 by
USA as to Daniel Joseph Tisone (Nebesky, Suzanne) (Entered: 04/21/2022)
04/21/2022
25 NOTICE OF LIS PENDENS for 1001 10th Avenue South #101, Naples, Florida
34102 by USA as to Daniel Joseph Tisone (Nebesky, Suzanne) (Entered: 04/21/2022)
04/21/2022
24 NOTICE OF ATTORNEY APPEARANCE Suzanne C. Nebesky appearing for USA.
Case 2:22-cr-00039-SPC-NPM Document 96 Filed 03/06/23 Page 13 of 21 PageID 974
(Nebesky, Suzanne) (Entered: 04/21/2022)
04/21/2022
22 NOTICE OF RESCHEDULING HEARING: The Preliminary Examination
scheduled for 4/21/2022 at 1:30 PM as to Daniel Joseph Tisone will be converted to
an Arraignment on 4/21/2022 at 01:30 PM in Ft. Myers Courtroom 4 E before
Magistrate Judge Nicholas P. Mizell. (WRW) (Entered: 04/21/2022)
04/21/2022
21 ORDER as to Daniel Joseph Tisone: Pursuant to the Due Process Protections
Act, the Court confirms the United States' obligation to produce all exculpatory
evidence to the defendant pursuant to Brady v. Maryland, 373 U.S. 83 (1963),
and its progeny and orders the United States to do so. Failing to do so in a timely
manner may result in consequences, including exclusion of evidence, adverse
jury instructions, dismissal of charges, contempt proceedings, and sanctions.
Signed by Judge Timothy J. Corrigan on 12/01/2020. (JK) (Entered: 04/21/2022)
04/20/2022
19 INDICTMENT returned in open court as to Daniel Joseph Tisone (1) count(s) 1-4, 5-
10, 11-12, 13-17, 18. (Attachments: # 1 Restricted Unredacted Indictment) (JK)
(Entered: 04/21/2022)
04/13/2022
18 NOTICE OF ATTORNEY APPEARANCE: Mark R. Eiglarsh appearing for Daniel
Joseph Tisone (Eiglarsh, Mark) [2:22-mj-01043-DNF] (Entered: 04/13/2022)
04/01/2022
16 ARREST Warrant Returned Executed on 03/31/22 as to Daniel Joseph (JK).
Modified on 4/1/2022 (JK). [2:22-mj-01043-DNF] (Entered: 04/01/2022)
03/31/2022
17 Receipt for Surrender of Passport as to Daniel Joseph Tisone. Passport Number
582585898 issued by United States (jmc) [2:22-mj-01043-DNF] (Entered:
04/01/2022)
03/31/2022
14 NOTICE OF HEARING as to Daniel Joseph Tisone: Preliminary Examination set for
4/21/2022 at 01:30 PM in Ft. Myers Courtroom 4 E before Magistrate Judge
Nicholas P. Mizell. (WRW) [2:22-mj-01043-DNF] (Entered: 03/31/2022)
03/31/2022
13 ***CJA 23 Financial Affidavit by Daniel Joseph Tisone. (WRW) [2:22-mj-01043-
DNF] (Entered: 03/31/2022)
03/31/2022
12 Unsecured BOND entered as to Daniel Joseph Tisone in amount of $ 250,000.
Signed by Magistrate Judge Douglas N. Frazier on 3/31/2022. (WRW) [2:22-mj-
01043-DNF] (Entered: 03/31/2022)
03/31/2022
11 Minute Entry for In Person proceedings held before Magistrate Judge Douglas N.
Frazier: granting 9 ORAL Motion for Bond as to Daniel Joseph Tisone (1); granting
10 ORAL Motion to Appoint Counsel for Initial Appearance only as to Daniel Joseph
Tisone (1); Initial Appearance as to Daniel Joseph Tisone held on 3/31/2022.
(DIGITAL) (WRW) [2:22-mj-01043-DNF] (Entered: 03/31/2022)
03/31/2022
10 ORAL MOTION to Appoint Counsel for Initial Appearance only by Daniel Joseph
Tisone. (WRW) [2:22-mj-01043-DNF] (Entered: 03/31/2022)
03/31/2022
9 ORAL MOTION for Bond by Daniel Joseph Tisone. (WRW) [2:22-mj-01043-DNF]
(Entered: 03/31/2022)
03/31/2022
7 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Initial
Appearance hearing previously scheduled for 3/31/2022 at 1:30 is rescheduled as to
Daniel Joseph Tisone. New hearing time: Initial Appearance set for 3/31/2022 at
02:30 PM in Ft. Myers Courtroom 4 E before Magistrate Judge Douglas N. Frazier.
(WRW) [2:22-mj-01043-DNF] (Entered: 03/31/2022)
Case 2:22-cr-00039-SPC-NPM Document 96 Filed 03/06/23 Page 14 of 21 PageID 975
03/31/2022
6 NOTICE OF HEARING as to Daniel Joseph Tisone: Initial Appearance set for
3/31/2022 at 01:30 PM in Ft. Myers Courtroom 4 E before Magistrate Judge Douglas
N. Frazier. (WRW) [2:22-mj-01043-DNF] (Entered: 03/31/2022)
03/30/2022
3 COMPLAINT as to Daniel Joseph Tisone (1). (WRW) [2:22-mj-01043-DNF]
(Entered: 03/31/2022)
03/30/2022
2 ORDER granting 1 Motion to Seal as to Daniel Joseph Tisone (1). Signed by
Magistrate Judge Douglas N. Frazier on 3/30/2022. (WRW) [2:22-mj-01043-
DNF] (Entered: 03/31/2022)
03/30/2022
1 MOTION to Seal by USA as to Daniel Joseph Tisone. (WRW) [2:22-mj-01043-DNF]
(Entered: 03/31/2022)
Case 2:22-cr-00039-SPC-NPM Document 96 Filed 03/06/23 Page 15 of 21 PageID 976
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 96 Filed 03/06/23 Page 16 of 21 PageID 977
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 96 Filed 03/06/23 Page 17 of 21 PageID 978
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 96 Filed 03/06/23 Page 18 of 21 PageID 979
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 96 Filed 03/06/23 Page 19 of 21 PageID 980
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 96 Filed 03/06/23 Page 20 of 21 PageID 981
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.
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