Motion for Forfeiture of a Final Order by USA as to Daniel Joseph Tisone — USA v. Tisone (Dkt. 114, 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. 114 · 2023-05-18 · 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 
 
UNITED STATES’ MOTION FOR FINAL ORDER OF FORFEITURE 
 
Pursuant to 21 U.S.C. § 853(n)(7) and Rule 32.2(c)(2) of the Federal Rules of 
Criminal Procedure, the United States of America moves for a Final Order of 
Forfeiture for assorted ammunition, seized from the defendant on or about March 
31, 2022.  In support thereof, the United States submits the following memorandum 
of law. 
MEMORANDUM OF LAW 
I. 
Statement of Facts 
1. 
On December 30, 2022, the Court entered a Preliminary Order of 
Forfeiture for Direct Assets forfeiting to the United States all right, title, and interest 
of the defendant in, among other things, the asset identified above, pursuant to 18 
U.S.C. § 924(d) and 28 U.S.C. § 2461(c).  Doc. 69.  In accordance with the 
provisions of 21 U.S.C. § 853(n), the United States published notice of the forfeiture, 
and of its intent to dispose of the asset on the official government website, 
www.forfeiture.gov, beginning on December 31, 2022, and ending on January 29, 
2023.  Doc. 78.  The publication gave notice to all third parties with a legal interest 
in the asset to file with the Office of the Clerk, United States District Court, 2110 
Case 2:22-cr-00039-SPC-NPM     Document 114     Filed 05/18/23     Page 1 of 4 PageID 1065

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First Street, Suite 2-194, Ft. Myers, Florida 33901, a petition to adjudicate their 
interest within 60 days of the first date of publication.   
2. 
To date, no third parties have filed a Petition to Adjudicate Interest in 
the asset, and the time for filing such Petitions has expired.  
3. 
Consequently, the United States now seeks a final order of forfeiture for 
the asset.      
II. 
Applicable Law  
When all third-party petitions have been adjudicated, or if no petitions are 
filed, it is appropriate for the Court to enter a final order of forfeiture in accordance 
with Rule 32.2(c)(2) of the Federal Rules of Criminal Procedure.  In addition, 21 
U.S.C. § 853(n)(7) provides that following the disposition of all petitions, or if no 
petitions are timely filed in accordance with 21 U.S.C. § 853(n)(2), “the United 
States shall have clear title to property that is the subject of the order of forfeiture and 
may warrant good title to any subsequent purchaser or transferee.”  21 U.S.C. § 
853(n)(7). 
As required by section 853(n), the United States published notice of the 
forfeiture, and of its intent to dispose of the asset on the official government website, 
www.forfeiture.gov, beginning on December 31, 2022, and ending on January 29, 
2023.  Doc. 78.  Publication by internet is permitted in civil cases pursuant to Rule 
G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and 
Assets Forfeiture Actions, of the Federal Rules of Civil Procedure.  Federal Rule of 
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Criminal Procedure 32.2(b)(6)(C) provides that publication of notice of criminal 
forfeiture may be made by any means described in Supplemental Rule G(4)(a)(iv).   
The internet publication notified all who might have an interest in the asset of 
the United States’ intent to dispose of such property and provided instructions on 
filing a petition to adjudicate an interest in the property.  In accordance with the 
above-referenced provisions, a person or entity had 60 days from the first date of 
publication to file a petition with the District Court.  Here, the first date of internet 
publication on www.forfeiture.gov was December 31, 2022.  Thus, the final date for 
filing a petition to adjudicate interest in the asset was on March 1, 2023, and the time 
for filing such petitions has expired. 
No person, other than the defendant, whose interest was forfeited to the 
United States in the Preliminary Order of Forfeiture, is known to have any potential 
interest in the asset.  No additional party has filed a petition or claimed an interest in 
the asset.  The time for filing a petition has expired. 
Publication having been effected, and no claim or petition to adjudicate an 
interest having been filed, it is now appropriate for the Court to enter a Final Order 
of Forfeiture for the asset identified on page one, above. 
III. 
Conclusion 
 
WHEREFORE, the United States respectfully requests that, pursuant to 21 
U.S.C. § 853(n)(7) and Rule 32.2(c)(2) of the Federal Rules of Criminal Procedure, 
this Court enter a final order, forfeiting to the United States all right, title and interest 
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in the asset, for disposition according to law, and vesting clear title to said property 
in the United States of America.  
 
 
 
 
 
 
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 N. 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 May 18, 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 
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