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Home Court filings USA v. Cisternino USA v. Cisternino — U.S. District Court, M.D. Fla., Orlando Division Attachment 1 — USA v. Cisternino (Dkt. 45.1)

Court filing

Attachment 1 — USA v. Cisternino (Dkt. 45.1)

Filed January 11, 2023 in USA v. Cisternino; one of 27 filings from this case.

Record facts

CourtU.S. District Court for the Middle District of Florida
Filed2023-01-11

U.S. District Court for the Middle District of Florida · No. 6:21-cr-00016-AGM-DCI · Doc. 45-1 · 2023-01-11 · Docket on CourtListener

Full text

Attachment 1 
UNITED STATES DISTRICT COURT 
FOR THE MIDDLE DISTRICT OF FLORIDA 
COURT CASE NUMBER: 6:21CR16WWBDCI; NOTICE OF FORFEITURE 
Notice is hereby given that on November 03, 2022, in the case of U.S. v. Don V. 
Cisternino, Court Case Number 6:21CR16WWBDCI, the United States District Court for 
the Middle District of Florida entered an Order condemning and forfeiting the following 
property to the United States of America: 
$446,580.86 Wells Fargo Bank Acct. ending 7573 (21-IRS-000108) which was 
seized from Wells Fargo Bank on December 18, 2020 at 2434 E. Colonial Dr., 
located in Orlando, FL 
$439,576.96 TD Bank Acct. ending 0655 (21-IRS-000109) which was seized from 
TD Bank on December 18, 2020 at 2633 E. Colonial Dr., Unit 150, located in 
Orlando, FL 
$94,726.07 JP Morgan Chase Acct. ending 0970 (21-IRS-000110) which was seized 
from JP Morgan Chase Bank on December 18, 2020 at 2301 E. Colonial Dr., 
located in Orlando, FL 
$5,000.21 JP Morgan Chase Acct. ending 0727 (21-IRS-000111) which was seized 
from JP Morgan Chase Bank on December 18, 2020 at 2301 E. Colonial Dr., 
located in Orlando, FL 
$86,039.88 Citibank Acct. ending 3510 (21-IRS-000112) which was seized from 
Citibank on January 19, 2021 at 100 Citibank Drive, Bldg. 1 F12, located in San 
Antonio, TX 
The United States hereby gives notice of its intent to dispose of the forfeited 
property in such manner as the United States Attorney General may direct. Any person, 
other than the defendant(s) in this case, claiming interest in the forfeited property must file 
an ancillary petition within 60 days of the first date of publication (November 29, 2022) of 
this Notice on this official government internet web site, pursuant to Rule 32.2 of the 
Federal Rules of Criminal Procedure and 21 U.S.C. § 853(n)(1 ). The ancillary petition 
must be filed with the Clerk of the Court, 401 W. Central Blvd., Suite 1200, Orlando, FL 
32801-0120, and a copy served upon Assistant United States Attorney Nicole M. Andrejko, 
400 West Washington Street, Suite 3100, Orlando, FL 32801. The ancillary petition shall 
be signed by the petitioner under penalty of perjury and shall set forth the nature and 
extent of the petitioner's right, title or interest in the forfeited property, the time and 
circumstances of the petitioner's acquisition of the right, title and interest in the forfeited 
property and any additional facts supporting the petitioner's claim and the relief sought, 
pursuant to 21 U.S.C. § 853(n). 
Following the Court's disposition of all ancillary petitions filed, or if no such petitions 
Case 6:21-cr-00016-AGM-DCI     Document 45-1     Filed 01/11/23     Page 1 of 3 PageID 243

are filed, following the expiration of the period specified above for the filing of such 
ancillary petitions, the United States shall have clear title to the property and may warrant 
good title to any subsequent purchaser or transferee. 
The government may also consider granting petitions for remission or mitigation, 
which pardon all or part of the property from the forfeiture. A petition must include a 
description of your interest in the property supported by documentation; include any facts 
you believe justify the return of the property; and be signed under oath, subject to the 
penalty of perjury, or meet the requirements of an unsworn statement under penalty of 
perjury. See 28 U.S.C. Section 1746. For the regulations pertaining to remission or 
mitigation of the forfeiture, see 28 C.F.R. Sections 9.1 - 9.9. The criteria for remission of 
the forfeiture are found at 28 C.F.R. Section 9.5(a). The criteria for mitigation of the 
forfeiture are found at 28 C.F.R. Section 9.5(b). The petition for remission need not be 
made in any particular form and may be filed online or in writing. You should file a petition 
for remission not later than 11 :59 PM EST 30 days after the date of final publication of this 
notice. See 28 C.F.R. Section 9.3(a). The https://www.forfeiture.gov/FilingPetition.htm 
website provides access to a standard petition for remission form that may be mailed and 
the link to file a petition for remission online. If you cannot find the desired assets online, 
you must file your petition for remission in writing by sending it to Assistant United States 
Attorney Nicole M. Andrejko, 400 West Washington Street, Suite 3100, Orlando, FL 
32801. This website provides answers to frequently asked questions (FAQs) about filing a 
petition for remission. You may file both an ancillary petition with the court and a petition 
for remission or mitigation. 
Case 6:21-cr-00016-AGM-DCI     Document 45-1     Filed 01/11/23     Page 2 of 3 PageID 244

Advertisement Certification Report 
The Notice of Publication was available on the www.forfeiture.gov web site for at least 18 hours per day 
between November 29, 2022 and December 28, 2022. Below is a summary report that identifies the 
uptime for each day within the publication period and reports the results of the web monitoring system's 
daily check that verifies that the advertisement was available each day. 
U.S. v. Don V. Cisternino 
Court Case No: 
6:21CR16WWBDCI 
For Asset ID(s): 
See Attached Advertisement Copy 
Consecutive 
Date Advertisement 
Total Hours Web Site 
Verification that 
Calendar Day 
Appeared on the 
was Available during 
Advertisement 
Count 
Web Site 
Calendar Day 
existed on Web Site 
1 
11/29/2022 
23.9 
Verified 
2 
11/30/2022 
23.9 
Verified 
3 
12/01/2022 
23.8 
Verified 
4 
12/02/2022 
23.9 
Verified 
5 
12/03/2022 
23.9 
Verified 
6 
12/04/2022 
23.9 
Verified 
7 
12/05/2022 
23.9 
Verified 
8 
12/06/2022 
23.9 
Verified 
9 
12/07/2022 
23.9 
Verified 
10 
12/08/2022 
23.9 
Verified 
11 
12/09/2022 
23.9 
Verified 
12 
12/10/2022 
23.9 
Verified 
13 
12/11 /2022 
23.9 
Verified 
14 
12/12/2022 
23.9 
Verified 
15 
12/13/2022 
23.9 
Verified 
16 
12/14/2022 
23.9 
Verified 
17 
12/15/2022 
23.9 
Verified 
18 
12/16/2022 
23.8 
Verified 
19 
12/17/2022 
23.9 
Verified 
20 
12/18/2022 
24.0 
Verified 
21 
12/19/2022 
23.8 
Verified 
22 
12/20/2022 
23.8 
Verified 
23 
12/21/2022 
23.9 
Verified 
24 
12/22/2022 
23.9 
Verified 
25 
12/23/2022 
23.8 
Verified 
26 
12/24/2022 
23.9 
Verified 
27 
12/25/2022 
23.9 
Verified 
28 
12/26/2022 
23.9 
Verified 
29 
12/27/2022 
23.9 
Verified 
30 
12/28/2022 
23.9 
Verified 
. . 
Add1t1onal log information is available and kept in the archives for 15 years after the asset has been disposed. 
Case 6:21-cr-00016-AGM-DCI     Document 45-1     Filed 01/11/23     Page 3 of 3 PageID 245

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  1. Court's exhibit list as to Don v. Cisternino — USA v. Cisternino (Dkt. 46, M.D. Fla.)same docket · 2023-01-11
  2. Proof of Publication as to Don v. Cisternino newspaper — USA v. Cisternino (Dkt. 45, M.D. Fla.)same docket · 2023-01-11
  3. Minutes on Sentencingsame docket · 2023-01-11
  4. Exhibit 2 to Government's Sentencing Memorandum — U.S. v. Cisterninosame docket · 2023-01-04
  5. Sentencing Exhibit — Victim Letter (United States v. Don v. Cisternino) (M.D. Fla.)same docket · 2023-01-11
  6. Exhibit 3 to Government's Sentencing Memorandum — Order of the Croatian Ministry of Justice and Public Administration Authorizing Extradition (United States v.same docket · 2023-01-04
  7. Judgment in a Criminal Case — United States v. Don V. Cisterninosame docket · 2023-01-20
  8. United States' Sentencing Memorandum — United States v. Don v. Cisternino (M.D. Fla.)same docket · 2023-01-04
  9. Exhibit 1 — USA v. Cisternino (Dkt. 43.1)same case · 2023-01-04
  10. Exhibit 1 — USA v. Cisternino (Dkt. 49.1)same case · 2023-02-03
  11. Exhibit PPP Forgiveness Factsheet — USA v. Cisternino (Dkt. 42.1)same case · 2022-12-29
  12. Exhibit 2 — USA v. Cisternino (Dkt. 49.2)same case · 2023-02-03
  13. Clerk's Minutes — Change of Plea — USA v. Cisternino - Don v. Cisternino (M.D. Fla.)same case · 2022-09-20
  14. Exhibit 3 — USA v. Cisternino (Dkt. 49.3)same case · 2023-02-03
  15. Exhibit 4 — USA v. Cisternino (Dkt. 49.4)same case · 2023-02-03
  16. Plea Agreement re: count(s) Two, Three, & Eight of the Indictment as to Don v. Cisternino — USA v. Cisternino (Dkt. 30, M.D. Fla.)same case · 2022-09-12
  17. Defendant's Sentencing Memorandum — United States v. Don v. Cisternino (M.D. Fla.)same docket · 2022-12-29
  18. Order of Forfeiture and Preliminary Order of Forfeiture — United States v. Don v. Cisternino (M.D. Fla.)same docket · 2022-11-03
  19. Exhibit 5 — USA v. Cisternino (Dkt. 49.5)same docket · 2023-02-03
  20. United States' Motion for Entry of an Order of Forfeiture and a Preliminary Order of Forfeiture — United States v. Don v. Cisternino (M.D. Fla.)same docket · 2022-11-02

Part of: USA v. Cisternino · U.S. District Court for the Middle District of Florida · Paycheck Protection Program (PPP) · Criminal prosecutions · 2023 · Court filings

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