Text of Proposed Order — USA v. Gonder (Dkt. 18-2, S.D. Fla.)

Summary

Text of Proposed Preliminary Order of Forfeiture, Document 18-2, filed 03/14/24 in United States v. Ernest Bernard Gonder Jr., No. 0:24-CR-60003 (S.D. Fla.). The unsigned draft for Judge Kathleen M. Williams recites that Gonder pleaded guilty on March 7, 2024 to two wire fraud counts in an Information. It says he submitted false Paycheck Protection Program loan and forgiveness applications from April to July 2021, overstating payroll and employees, and that both loans were forgiven, leaving a government loss of $168,248.41. The order would enter a forfeiture money judgment of $168,248.41 and forfeit a Pompano Beach, Florida property as substitute property under 21 U.S.C. 853(p), final as to him.

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO. 0:24-CR-60003-WILLIAMS 
 
 
UNITED STATES OF AMERICA 
 
v.  
 
ERNEST BERNARD GONDER JR.,  
 
 
 
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 
Ernest Bernard Gonder Jr. (the “Defendant”). The Court has considered the Motion, is otherwise 
advised in the premises, and finds: 
On January 5, 2024, the United States filed an Information charging the Defendant in 
Counts 1 and 2 with wire fraud in violation of 18 U.S.C. § 1343. Information, ECF No. 1. The 
Information also contained forfeiture allegations.  See id. at 7.   
On March 7, 2024, the Court accepted the Defendant’s guilty plea to Counts 1 and 2 of the 
Information.  See Minute Entry, ECF No. 10; Plea Agreement ¶ 10, ECF No. 12.  As part of the 
guilty plea, the Defendant agreed to a forfeiture money judgment in the amount of $168,248.41 
and the forfeiture of the real property located at 1621 NW 2nd Ave., Pompano Beach, Florida 
33060-5217 in satisfaction thereof.  Specifically, among other provisions in the Plea Agreement, 
the Defendant agreed: 
10. 
The defendant agrees, in an individual and any other capacity, to 
forfeit to the United States, voluntarily and immediately, any right, title, and interest 
to any property constituting, or derived from, proceeds obtained, directly or 
Case 0:24-cr-60003-KMW   Document 18-2   Entered on FLSD Docket 03/14/2024   Page 1 of 4

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indirectly, as a result of such violation, pursuant to Title 18, United States Code, 
Section 982(a)(2)(A). In addition, the defendant agrees to forfeiture of substitute 
property pursuant to 21 U.S.C. § 853(p). The property subject to forfeiture includes, 
but is not limited to: 
a. forfeiture money judgment in the sum of $168,248.41 in United States 
currency, which sum represents the value of the property subject to forfeiture; and 
c. substitute property, including, but not limited to, the real property located 
at 1621 NW 2nd Ave., Pompano Beach, Florida 33060-5217. 
 
Plea Agreement ¶ 10.   
In support of the guilty plea, the Defendant executed a Factual Proffer, and the Court found 
that there was a factual basis to support the Defendant’s conviction.  See Factual Proffer, ECF No. 
11. The Factual Proffer also provided a basis for the forfeiture of property. See id. at 4.   
From April 2021 to July 2021, the defendant submitted false and fraudulent applications 
for Paycheck Protection Program loans through the Small Business Administration and 
applications for forgiveness of these loans. Id. at 1-2. The applications contained false and 
fraudulent information as to the borrower’s average monthly payroll and number of employees. 
Id. Both loans were ultimately paid and forgiven, resulting in the government suffering an actual 
loss of $168,248.41. Id. at 4.  
Accordingly, based on the foregoing, the evidence in the record, and for good cause shown, 
the Motion is GRANTED, and it is hereby ORDERED: 
1. 
Pursuant to 18 U.S.C. § 982(a)(2)(A), 21 U.S.C. § 853, and Rule 32.2 of the Federal 
Rules of Criminal Procedure, a forfeiture money judgment in the amount of $168,248.41 is hereby 
entered against the Defendant. 
2. 
 Pursuant to 21 U.S.C. § 853(p), the following substitute property is hereby 
forfeited and vested in the United States of America:  
i. 
Real property located at 1621 NW 2nd Ave., Pompano Beach, Florida 33060-
5217, including all buildings, fixtures, appurtenances, improvements, 
attachments and easements found therein or thereon, 
Case 0:24-cr-60003-KMW   Document 18-2   Entered on FLSD Docket 03/14/2024   Page 2 of 4

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Also known as: KENDALL GREEN SEC A 43-49 B LOT 13 BLK 2  
 
Parcel Identification No. 484226060300. 
 
3. 
Any duly authorized law enforcement agency may seize and take possession of the 
forfeited property according to law. 
4. 
The United States shall send and publish notice of the forfeiture in accordance with 
Rule 32.2(b)(6) of the Federal Rules of Criminal Procedure and 21 U.S.C. § 853(n). 
5. 
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). 
6. 
Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Order 
is final as to the Defendant. 
7. 
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. 
It is further ORDERED that upon adjudication of all third-party interests, if any, the Court 
will enter a final order of forfeiture as to the property in which all interests will be addressed.  
Upon notice from the United States that no claims have been filed within 60 days of the first day 
of publication or within 30 days of receipt of notice, whichever is earlier, then, pursuant to Rule  
 
 
 
 
Case 0:24-cr-60003-KMW   Document 18-2   Entered on FLSD Docket 03/14/2024   Page 3 of 4

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32.2(c)(2) of the Federal Rules of Criminal Procedure and 21 U.S.C. § 853(n)(7), this Order shall 
become a Final Order of Forfeiture and any duly authorized law enforcement agency shall dispose 
of the property in accordance with applicable law. 
DONE AND ORDERED in Miami, Florida, this _______ day of March 2024. 
 
____________________________________  
KATHLEEN M. WILLIAMS 
UNITED STATES DISTRICT JUDGE 
 
 
 
Case 0:24-cr-60003-KMW   Document 18-2   Entered on FLSD Docket 03/14/2024   Page 4 of 4

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