Text of Proposed Order (Preliminary Order of Forfeiture) — USA v. Sheppard (Dkt. 264-1, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 264-1 · 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 
 
v.  
 
ERIC DEAN SHEPPARD,  
 
 
Defendant. 
________________________________/ 
 
PRELIMINARY ORDER OF FORFEITURE 
 
THIS MATTER is before the Court upon motion of the United States of America (the 
“United States”) for entry of a Preliminary Order of Forfeiture (“Motion”) against Defendant Eric 
Dean Sheppard (the “Defendant”).  The Court has considered the Motion, is otherwise advised in 
the premises, and finds as follows: 
On August 23, 2023, a federal grand jury returned a Superseding Indictment charging the 
Defendant in Counts 1–9 with wire fraud in violation of 18 U.S.C. § 1343, among other counts. 
See Superseding Indictment, ECF No. 60. The Superseding Indictment also contained forfeiture 
allegations, which alleged that upon conviction of a violation of 18 U.S.C. § 1343, the Defendant 
shall forfeit to the United States any property, real or personal, which constitutes or is derived from 
proceeds traceable to such offense, pursuant to 18 U.S.C. § 981(a)(1)(C).  See id. at 9–10.  The 
forfeiture allegations also stated the Government’s intent to seek a forfeiture money judgment of 
at least approximately $893,145, the sum of which represents the total amount funds constituting, 
or derived from, proceeds traceable to the alleged offenses and fraud scheme.  See id. at 9.        
On January 12, 2024, after a trial, a jury returned a verdict finding the Defendant guilty of 
on Counts 5, 7, 8, 9, 13, and 14.  See Trial Minute Entries, ECF Nos. 143, 145–46, 149, 154, 156–
61, 163–64, 175–76, 179, 180, & 185; Jury Verdict, ECF No. 190.  Specifically, the jury found the 
Case 1:22-cr-20290-BB   Document 264-1   Entered on FLSD Docket 06/10/2024   Page 1 of 3

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Defendant guilty of executing a wire fraud scheme—spanning from April 2020 through March 
2021—to fraudulently obtain Paycheck Protection Program loans from private lenders.  See Jury 
Verdict, ECF No. 190; Superseding Indictment 4–7.  The jury also found the Defendant guilty of 
Aggravated Identity Theft in Counts 13 and 14. 
On June 3, 2024, the Court, upon Defendant’s motion, acquitted the Defendant of Counts 
13 and 14.  See Omnibus Order on Def.’s Mot. for New Trial & Mot. for Acquittal 25, ECF No. 
251.   
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.  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 order of forfeiture of property against the Defendant, pursuant to 18 U.S.C. § 
981(a)(1)(C).    
 
1The 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 264-1   Entered on FLSD Docket 06/10/2024   Page 2 of 3

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Accordingly, based on the foregoing, the evidence in the record, and for good cause shown, 
the Motion is GRANTED, and it is hereby ORDERED that: 
1. 
Pursuant 18 U.S.C. §§ 981(a)(1)(C), 21 U.S.C. § 853 and Rule 32.2 of the Federal 
Rules of Criminal Procedure, a forfeiture money judgment equal in value to all property 
constituting or derived from proceeds traceable to the offenses of conviction is hereby entered 
against the Defendant.  
2. 
Pursuant to Rules 32.2(b)(2)(C) and (e)(1) of the Federal Rules of Criminal 
Procedure, this Order shall be amended when the Court is prepared to establish the amount of a 
forfeiture money judgment.  
3. 
The United States is authorized to conduct any discovery that might be necessary 
to identify, locate, or dispose of forfeited property, and to resolve any third-party petition, pursuant 
to Rule 32.2(b)(3), (c)(1)(B) of the Federal Rules of Criminal Procedure and 21 U.S.C. § 853(m). 
4. 
Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Order 
is final as to the Defendant. 
5. 
The Court shall retain jurisdiction in this matter for the purpose of enforcing this 
Order, and pursuant to Rule 32.2(e)(1) of the Federal Rules of Criminal Procedure, shall amend 
this Order, or enter other orders as necessary, to forfeit additional specific property when 
identified. 
DONE AND ORDERED in Miami, Florida, this _______ day of June 2024. 
 
____________________________________  
BETH BLOOM 
UNITED STATES DISTRICT JUDGE 
 
Case 1:22-cr-20290-BB   Document 264-1   Entered on FLSD Docket 06/10/2024   Page 3 of 3

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