MOTION for Forfeiture of an Order of Forfeiture and Preliminary Order for Direct Asset by… — USA v. Casseus (Dkt. 40)

Record facts

U.S. District Court for the Middle District of Florida · No. 2:23-cr-00009-KCD-DNF · Doc. 40 · 2023-06-01 · Docket on CourtListener

Summary

The United States' motion for an order of forfeiture and a preliminary order of forfeiture for a direct asset, filed June 1, 2023 in United States v. Denis Casseus, No. 2:23-cr-00009-KCD-DNF, in the U.S. District Court for the Middle District of Florida, as Document 40. Under 18 U.S.C. § 982(a)(2)(A) and Rule 32.2(b)(2), it seeks a $298,875.00 order of forfeiture, which the motion states the defendant admits he obtained from Counts One and Two, and forfeiture of one parcel of real property in Lee County, Florida. The motion states the defendant pleaded guilty on May 23, 2023 to bank fraud under 18 U.S.C. § 1344 and money laundering under 18 U.S.C. § 1957(a), and that District Judge Thomas P. Barber accepted the plea on May 26, 2023. It asks that the order be final on entry under the plea agreement (Doc. 30). The six-page motion is signed by an Assistant United States Attorney.

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
FORT MYERS DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
 
 
Case No. 2:23-cr-9-TPB-KCD 
 
 
DENIS CASSEUS 
 
UNITED STATES’ MOTION FOR ORDER OF FORFEITURE AND 
PRELIMINARY ORDER OF FORFEITURE FOR DIRECT ASSET 
 
Pursuant to 18 U.S.C. § 982(a)(2)(A) and Rule 32.2(b)(2) of the Federal Rules 
of Criminal Procedure, the United States of America moves for an Order of 
Forfeiture in the amount of $298,875.00, representing the amount of proceeds the 
defendant admits he obtained as a result of the offenses charged in Counts One and 
Two of the Indictment, as well as forfeiture of the following asset: 
The real property located at 5238 62nd Avenue South, St. The real 
property located at 132 SW 10th Place, Cape Coral, FL 33991, 
including all improvements thereon and appurtenances thereto, the 
legal description for which is as follows: 
 
Lots 24 and 25, Block 3624, Cape Coral Subdivision, Unit 49, 
according to the plat thereof recorded in Plat Book 17, Pages 145 
through 154, inclusive, of the Public Records of Lee County, Florida. 
 
Parcel Number: l 5-44-23-C2-03624.0240 
 
Title Owner: Ismaelle Manuel.1 
 
 
 
 
1 The United States intends to seek forfeiture of Ismaelle Manuel’s interest in the real 
property identified above. See United States v. Ismaelle Manuel, Case No. 2:23-cr-3-
TPB-KCD. 
Case 2:23-cr-00009-KCD-DNF     Document 40     Filed 06/01/23     Page 1 of 6 PageID 117

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In accordance with Rule 32.2(b)(4) and the defendant’s plea agreement (Doc. 
30 at 12), the United States asks that the order of forfeiture become final at the time it 
is entered. In support, the United States submits the following memorandum of law. 
MEMORANDUM OF LAW 
I. 
Statement of Facts 
A. 
Allegations Against the Defendant  
1. 
The defendant was charged in an Indictment, in relevant part, with 
bank fraud, in violation of 18 U.S.C. § 1344 (Counts One and Two), and money 
laundering, in violation of 18 U.S.C. § 1957(a) (Count Five). Doc. 1. 
 
2. 
The forfeiture allegations in the Indictment notified the defendant that, 
pursuant to 18 U.S.C. § 982(a)(2)(A), the United States was seeking forfeiture of any 
property, real or personal, which constitutes or is derived from proceeds traceable to 
the offense, including a $298,875.00 Order of Forfeiture, representing the amount of 
proceeds the defendant personally obtained and the assets identified above. Id. at 4-6. 
 
B.  
Finding of Guilt and Admissions of Fact  
 
3. 
On May 23, 2023, the defendant pleaded guilty to Counts One, Two, 
and Five of the Indictment pursuant to a written plea agreement before United States 
Magistrate Judge Kyle C. Dudek, who recommended that his plea be accepted. 
Docs. 35, 36. On May 26, 2023, United States District Judge Thomas P. Barber 
accepted his plea and adjudicated him guilty. Doc. 38. The defendant’s sentencing is 
currently scheduled for August 18, 2023. Id.  
 
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5. 
In his plea agreement (Doc. 30 at 22-28), the defendant agreed to a 
factual basis which describes the conduct underlying the charge in the Indictment 
and provides support for a $298,875.00 order of forfeiture which represents the 
amount of proceeds the defendant admits he personally obtained and forfeiture of the 
asset identified above. 
C.  
Admissions Related to Forfeiture 
 
6. 
In his plea agreement, the defendant admitted and agreed that, pursuant 
to 18 U.S.C. § 982(a)(2)(A), the United States is entitled to a $298,875.00 Order of 
Forfeiture, which represents the amount of proceeds the defendant admits he 
personally obtained, as well as the forfeiture of the asset identified above, which was 
purchased or funded with proceeds of the offenses charged in Counts One and Two 
to which the defendant is to pled guilty. Doc. 30 at 11. Moreover, the defendant 
agreed that the United States is entitled to forfeit any of the defendant’s property as 
substitute assets to satisfy the Order of Forfeiture, and that the order of forfeiture 
would be final upon entry. Id. at 12.    
II. 
Applicable Law 
 
A. 
Forfeiture Statute 
 
Criminal forfeiture of property for bank fraud, in violation of 18 U.S.C. § 
1344, is governed by 18 U.S.C. § 982(a)(2)(A) which provides for the forfeiture of 
any property constituting, or derived from, proceeds the defendant obtained, directly 
or indirectly, as a result of such violations. See 18 U.S.C. § 982(a)(2). 
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B. 
Court’s Determination of Forfeiture 
 
Rule 32.2, Federal Rules of Criminal Procedure, governs the criminal 
forfeiture of property based on a defendant=s conviction for the offenses giving rise to 
the forfeiture. Rule 32.2(b)(1) requires that as soon as practical after a verdict or 
finding of guilty, or after a plea of guilty is accepted, the Court must determine what 
property is subject to forfeiture under the applicable statute. Fed. R. Crim. P. 
32.2(b)(1)(A). The Court’s determination may be based on evidence already in the 
record, or any additional evidence submitted by the parties and accepted by the 
Court as relevant and reliable. Fed. R. Crim. P. 32.2(b)(1)(B). 
 
Because the United States could not locate all the specific property involved in 
the offenses, the United States seeks an order of forfeiture against the defendant in 
the amount of $298,875.00, pursuant to Federal Rule of Criminal Procedure 
32.2(b)(2). As the defendant has agreed, he personally obtained $298,875.00 in 
proceeds of the offenses. If the Court finds that the defendant obtained at least 
$298,875.00 of criminal proceeds, and that the defendant has dissipated the proceeds, 
then it is appropriate for the Court to enter an order of forfeiture against the 
defendant in that amount pursuant to Rule 32.2(b)(2).  
 
The United States asserts, and the defendant has agreed, that the asset 
identified above, was purchased or funded with proceeds of the offenses charged in 
Counts One and Two and is thus forfeitable under 18 U.S.C. § 982(a)(1). 
 
 
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III. 
Conclusion 
For the reasons stated above, the United States requests that the Court, 
pursuant to 18 U.S.C. § 982(a)(2)(A) and Rule 32.2(b)(2), Federal Rules of Criminal 
Procedure, enter an Order of Forfeiture against the defendant in the amount of 
$298,875.00, for which he is personally liable, and a Preliminary Order of Forfeiture 
for the asset identified above, subject to the provisions of 21 U.S.C. § 853(n). The 
forfeited asset will be credited towards the satisfaction of the defendant’s order of 
forfeiture. 
 
The United States further requests that, in accordance with his Plea 
Agreement (Doc. 30 at 12), the order of forfeiture become final as to the defendant at 
the time it is entered. 
 
As required by Federal Rule of Criminal Procedure 32.2(b)(4)(B), the United 
States requests that the Court include the forfeiture when orally pronouncing the 
sentence and include the forfeiture order, directly or by reference, in the judgment. 
See Fed. R. Crim. P. 32.2(b)(4)(A) and (B).  
 
Finally, the United States further requests that the Court retain jurisdiction to 
address any third-party claim that may be asserted in these proceedings, to enter any 
further order necessary for the forfeiture and disposition of such property, and to  
 
 
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order any substitute assets forfeited to the United States up to the amount of the 
order of forfeiture.   
 
 
 
 
 
 
 
 
By: 
Respectfully Submitted, 
 
ROGER B. HANDBERG 
United States Attorney 
 
 
s/James A. Muench              
 
JAMES A. MUENCH 
Assistant United States Attorney 
Florida Bar Number 472867 
400 North Tampa Street, Suite 3200 
Tampa, Florida 33602 
(813) 274-6000 – telephone 
E-mail: james.muench2@usdoj.gov 
 
 
 
CERTIFICATE OF SERVICE 
 
I hereby certify that on June 1, 2023, I electronically filed the foregoing with 
the Clerk of the Court by using the CM/ECF system that will send a notice of 
electronic filing to counsel of record. 
 
s/James A. Muench                      
JAMES A. MUENCH 
Assistant United States Attorney 
 
Case 2:23-cr-00009-KCD-DNF     Document 40     Filed 06/01/23     Page 6 of 6 PageID 122

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