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United States v. Don V. Cisternino — U.S. District Court, M.D. Fla.

U.S. v. Cisternino Flmd — 14 court filings in the archive, mostly from U.S. District Court for the Middle District of Florida, filed between February 3, 2021 and October 22, 2024. Among them: 2 exhibits, 2 judgments and 1 indictment.

Related docket: USA v. Cisternino — 27 public filings from the same matter under a different docket; 1 document appears on both pages.

Case facts

CourtU.S. District Court for the Middle District of Florida (12 filings); U.S. District Court, M.D. Fla. (2 filings)
Filings14 public filings (1 undated)
Filed2021-02-03 – 2024-10-22
Document typesexhibits (2), judgments (2), indictment (1), order (1), sentencing memorandum (1), notice (1)
Original PDFs14 of 14

Case summary

Don V. Cisternino was indicted on February 3, 2021 in the U.S. District Court for the Middle District of Florida, Orlando Division, No. 6:21-cr-00016. Under his plea agreement he entered pleas of guilty to counts two, three and eight of the indictment: wire fraud under 18 U.S.C. § 1343, aggravated identity theft under 18 U.S.C. § 1028A and illegal monetary transaction under 18 U.S.C. § 1957; counts one and four through seven were to be dismissed at sentencing. The government's sentencing memorandum states that he submitted a Paycheck Protection Program borrower application certifying that his company MagnifiCo was an active business with 441 employees and an average monthly payroll of $2,880,000, and puts the loss at more than $7.2 million. Judgment was entered January 20, 2023.

Case at a glance

Defendant(s)Don V. Cisternino
Court and docketU.S. District Court for the Middle District of Florida, Orlando Division, No. 6:21-cr-00016-WWB-DCI (earlier docketed 6:21-cr-00016-AGM-DCI)
ProgramPaycheck Protection Program (PPP)
ChargesWire fraud, 18 U.S.C. § 1343 (count two); aggravated identity theft, 18 U.S.C. § 1028A (count three); illegal monetary transaction, 18 U.S.C. § 1957 (count eight)
Outcome and sentencePleaded guilty to counts two, three and eight; judgment entered January 20, 2023. The judgment sets a total term of 102 months' imprisonment (judgment, Dkt. 47)
Counts of convictionPleaded guilty to counts two, three and eight of the indictment: wire fraud, 18 U.S.C. § 1343, count two (May 28, 2020); aggravated identity theft, 18 U.S.C. §§ 1028A and 2, count three (May 17, 2020); illegal monetary transaction, 18 U.S.C. §§ 1957 and 2, count eight (July 6, 2020); counts one, four, five, six and seven dismissed in accordance with the plea agreement (judgment of January 20, 2023, p. 1)
Sentence imposedOne hundred two (102) months' imprisonment: a 78-month term on counts two and eight, concurrent with each other, and a 24-month term on count three, consecutive to all other counts (p. 2); three years of supervised release, consisting of three years on counts two and eight and one year on count three, concurrent (p. 3)
Restitution$7,445,855.89 to the United States Small Business Administration (p. 5)
Fine and assessmentFine waived; special assessment $300.00 (p. 5)
Forfeiture"Defendant shall forfeit to the United States those assets previously identified in the Order of Forfeiture (Doc. 37)" (p. 6)
Status checked2026-09-23 · against DOJ press releases through 2026-09-22; court docket not yet read

What did the government say the loan application claimed?

The government's sentencing memorandum states that the PPP borrower application form falsely certified that MagnifiCo was an active business with 441 employees and an average monthly payroll of $2,880,000, that the closing paperwork certified a loan amount of $7,210,000, and that between May 5 and May 27, 2020 Cisternino submitted at least 450 falsified forms, including 441 W-2 forms.

What was forfeited?

The court entered a $7,210,000 order of forfeiture on November 3, 2022, together with a preliminary order of forfeiture for the defendant's interest in $1,071,923.98 seized from five financial accounts in partial satisfaction of it. A final judgment of forfeiture followed on February 7, 2023, the largest single item being approximately $446,580.86 seized from a Wells Fargo Bank account.

What is the most recent filing?

A motion and request to modify sentence filed October 22, 2024. The page carries no order ruling on it.

Summary written from the documents on this page; every sentence is sourced.

Filings

14 public filings from this case, in filing-date order; undated filings are listed last.

  1. Indictment — U.S. v. CisterninoIndictment · PDF
  2. 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.)PDF
  3. Order of Forfeiture and Preliminary Order of Forfeiture — United States v. Don v. Cisternino (M.D. Fla.)Order · PDF
  4. Defendant's Sentencing Memorandum — United States v. Don v. Cisternino (M.D. Fla.)Sentencing memorandum · PDF
  5. United States' Sentencing Memorandum — United States v. Don v. Cisternino (M.D. Fla.)PDF
  6. Exhibit 2 to Government's Sentencing Memorandum — U.S. v. CisterninoExhibit · PDF
  7. Exhibit 3 to Government's Sentencing Memorandum — Order of the…Exhibit · PDF
  8. Sentencing Exhibit — Victim Letter (United States v. Don v. Cisternino) (M.D. Fla.)PDF
  9. Judgment in a Criminal Case — United States v. Don V. CisterninoJudgment · PDF
  10. United States' Motion for Final Judgment of Forfeiture — United States v. Don v. Cisternino (M.D. Fla.)PDF
  11. Final Judgment of Forfeiture — United States v. Don V. CisterninoJudgment · PDF
  12. Notice to the Court Regarding Forfeiture — United States v. Don v. Cisternino (M.D. Fla.)Notice · PDF
  13. Motion and Request to Modify Sentence — United States v. Don v. Cisternino (M.D. Fla.)Motion · PDF
  14. undatedPlea Agreement — U.S. v. CisterninoPlea agreement · PDF

Court, dates and docket numbers are as recorded on the filings.

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