Order of Forfeiture and Preliminary Order of Forfeiture — United States v. Don v. Cisternino (M.D. Fla.)

Record facts

U.S. District Court for the Middle District of Florida · No. 6:21-cr-00016-AGM-DCI · Doc. 37 · 2022-11-03 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
ORLANDO DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
 
 
 
 
    Case No. 6:21-cr-16-WWB-DCI 
 
 
 
 
 
         (Forfeiture) 
 
DON V. CISTERNINO 
 
ORDER OF FORFEITURE 
AND PRELIMINARY ORDER OF FORFEITURE 
 
THIS CAUSE comes before the Court on United States’ Motion for Entry of an 
Order of Forfeiture (Doc. 36) in the amount of $7,210,000 and for entry of a Preliminary 
Order of Forfeiture for the following directly traceable assets:  
1. 
approximately $446,580.86 seized from Wells Fargo Bank account 
#1040205207573, held in the name of Victor A. Cisternino and/or Mary Jo 
Cisternino; 
 
2. 
approximately $439,576.96 seized from TD Bank account #7919290655, 
held in the name of Victor A Cisternino and/or Mary J Cisternino; 
 
3. 
approximately $94,726.07 seized from JP Morgan Chase  
Bank account #650710970, held in the name of Victor A. Cisternino and/or 
Mary J. Cisternino; 
 
4. 
approximately $5,000.21 seized from JP Morgan Chase Bank account 
#3838760727, held in the name of Victor A. Cisternino and/or Mary J. 
Cisternino; and 
 
5. 
approximately $86,039.88 seized from Citibank account #6866323510, held 
in the name of Denise L. Pieck and/or ITF Keith Pieck. 
 
 
After being fully advised in the premises, the Court hereby finds that the United 
States has established that the defendant obtained $7,210,000 in proceeds from his wire 
fraud scheme, in violation of 18 U.S.C. § 1343, for which the defendant pled guilty.  
The Court further finds that the United States has established the requisite nexus 
Case 6:21-cr-00016-AGM-DCI     Document 37     Filed 11/03/22     Page 1 of 3 PageID 101

between the defendant’s wire fraud scheme, in violation of 18 U.S.C. § 1343, charged in 
Count Two of the Indictment, and the assets identified above.   
Accordingly, it is hereby 
ORDERED AND ADJUDGED, that for good cause shown, the United States’ 
motion (Doc. 36) is GRANTED. 
It is FURTHER ORDERED that pursuant to the provisions of 18 U.S.C. § 
981(a)(1)(C), 28 U.S.C. § 2461(c), and Rule 32.2(b)(2), the assets identified above are 
hereby forfeited to the United States for disposition according to law.  The United States 
shall credit the defendant’s order of forfeiture with the assets identified above once 
forfeited.   
It is FURTHER ORDERED that: 
1. 
The United States will provide written notice to all third parties known to 
have an alleged legal interest in the assets identified above and will publish 
notice on the internet at www.forfeiture.gov. 
2. 
That any person, other than Don V. Cisternino, who has orclaims any right, 
title or interest in the assets must file a petition with this Court for a hearing 
to adjudicate the validity of their alleged interest in the assets.  The petition 
should be mailed to the Clerk of the United States District Court, Orlando 
Division, 401 W. Central Blvd., Suite 1200, Orlando, Florida 32801-0120, 
within thirty (30) days of the final publication of notice or of receipt of actual 
notice, whichever is earlier. 
3. 
The 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 
Case 6:21-cr-00016-AGM-DCI     Document 37     Filed 11/03/22     Page 2 of 3 PageID 102

in the assets identified above, the time and circumstances of the petitioner’s 
acquisition of the right, title or interest in the assets identified above, and 
any additional facts surrounding the petitioner's claim and the relief sought. 
4. 
After receipt of the petition by the Court, the Court will set a hearing to 
determine the validity of the petitioner’s alleged interest in the assets 
identified above. 
5. 
That upon adjudication of all third-party interests in the assets identified 
above, this Court will enter a Final Judgment of Forfeiture in which all 
interests will be addressed. 
The Court retains jurisdiction to entertain any third-party claims that may be 
asserted in these proceedings, and to enter any further orders necessary for the forfeiture 
and disposition of the assets identified above. 
DONE and ORDERED on November 3, 2022, in Orlando, Florida. 
 
 
 
Copies to:  
Attorneys of Record  
 
Case 6:21-cr-00016-AGM-DCI     Document 37     Filed 11/03/22     Page 3 of 3 PageID 103

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