Court filing
NOTICE OF FILING PROPOSED PRELIMINARY ORDER OF FORFEITURE by USA as to Eric Dean Sheppard — USA v. SHEPPARD (Dkt. 264)
Filed June 10, 2024 in USA v. SHEPPARD; one of 253 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2024-06-10 |
U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 264 · 2024-06-10 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 22-20290-CR-BLOOM UNITED STATES OF AMERICA vs. ERIC DEAN SHEPPARD, Defendant. / NOTICE OF FILING PROPOSED PRELIMINARY ORDER OF FORFEITURE The United States of America, by and through the undersigned Assistant United States Attorney, hereby files this notice of filing a preliminary order of forfeiture. On June 3, 2024, the United States filed a Motion for Preliminary Order of Forfeiture seeking a forfeiture money judgment in the amount of $893,575 against the Defendant, and on June 5, 2024, filed an amended motion for preliminary order of forfeiture.1 See Gov’t Mot. for Preliminary Order of Forfeiture, ECF No. 252; Gov’t Amended Mot. for Preliminary Order of Forfeiture, ECF No. 255. On June 5, 2024, the Defendant filed a motion to continue the sentencing hearing or, in the alternative, continue the restitution and forfeiture aspects of sentencing. See Def.’s Mot. to Continue, ECF No. 257. The Court granted the Defendant’s motion to continue the restitution and forfeiture aspects of sentencing, but denied continuing the sentencing hearing scheduled for June 7, 2024. See Paperless Order, ECF 259. 1 Because the Defendant’s wire fraud scheme affected a financial institution, 18 U.S.C. § 982(a)(2)(A) is another basis for the Defendant to forfeit his proceeds. See 18 U.S.C. § 982(a)(2)(A). Under either 981(a)(1)(C) or 982(a)(2)(A), the Defendant must forfeit proceeds of his fraud scheme. The amended motion notified the Court that a reference to 18 U.S.C. § 982(a)(2)(A) was mistakenly left off the Indictment and Superseding Indictment. Case 1:22-cr-20290-BB Document 264 Entered on FLSD Docket 06/10/2024 Page 1 of 2 2 The Court scheduled the hearing on the Government’s Amended Motion for Preliminary Order of Forfeiture for August 23, 2024. See Paperless Order, ECF No. 263. On June 7, 2024, the Court sentenced the Defendant. At the sentencing hearing, the Court imposed a general preliminary order of forfeiture against the Defendant. The Court further ordered the United States to file a proposed forfeiture within three days of the sentencing hearing.2 A proposed order is filed along with this notice. Respectfully submitted, MARKENZY LAPOINTE UNITED STATES ATTORNEY By: s/ Mitchell E. Hyman Mitchell Evan Hyman Assistant United States Attorney Florida Bar No. 125405 U.S. Attorney’s Office 99 N.E. 4th Street, 7th Floor Miami, Florida 33132-2111 Telephone: (305) 961-9283 E-mail: Mitchell.Hyman@usdoj.gov 2 Over the Government’s objection, the Court ordered the Government not to include 18 U.S.C. 982(a)(2)(A) as a basis for forfeiture in the proposed general preliminary order of forfeiture. Case 1:22-cr-20290-BB Document 264 Entered on FLSD Docket 06/10/2024 Page 2 of 2
File and source
- File
- gov.uscourts.flsd.615773.264.0.pdf
- Size
- 149,781 bytes
- SHA-256
- cf9e787256eb8e1f8a653447f1aeab6edaa8c9e370403a9ede9deb08d01831a4
- Original
- PACER (login required)