Court filing
Preliminary Order of Forfeiture for Direct Assets — United States v. Daniel Joseph Tisone
No. 2:22-cr-00039-SPC-NPM · Doc. 69 · Docket on CourtListener
Full text
Case 2:22-cr-00039-SPC-NPM Document 69 Filed 12/30/22 Page 1 of 4 PageID 455
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
UNITED STATES OF AMERICA
v. CASE NO.: 2:22-cr-39-SPC-NPM
DANIEL JOSEPH TISONE
ORDER1
Before the Court is the United States of America’s Motion for Order of
Forfeiture and Preliminary Order of Forfeiture for Direct Assets filed
December 30, 2022. (Doc. 68). In their motion, the United States seeks:
1. An order of forfeiture against the defendant in the amount of
$2,617,447.17; and
2. A preliminary order of forfeiture for the following assets:
a. Approximately $64,813.43 seized from Bank of Clarke
County account ending in 2616, held in the name of TEC Ventures LLC;
b. Approximately $832.26 seized from JP Morgan Chase
account ending in 8870, held in the name of TEC Ventures LLC;
c. A 4.02 carat solitaire, oval cut, lab-grown diamond
engagement ring, in custom 18K yellow-gold band setting, purchased
from Friendly Diamonds, on or about September 17, 2021;
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Case 2:22-cr-00039-SPC-NPM Document 69 Filed 12/30/22 Page 2 of 4 PageID 456
d. Real property located at 1001 10th Avenue South,
Naples, Florida 34102, including all improvements thereon and
appurtenances thereto, the legal description for which is as follows:
Unit 101, OLDE NAPLES SEAPORT, a
Condominium, according to the Declaration of
Condominium thereof as recorded in Official
Records Book 3869, Page 3913, as amended from
time to time, of the Public Records of Collier
County, Florida;
e. Real property located at 550 Starboard Drive,
Naples, Florida 34103, including all improvements thereon and
appurtenances thereto, the legal description for which is as follows:
Lot 5, Block F, THE MOORINGS, UNIT NO. 6, in
accordance with and subject to the plat thereof,
recorded in Plat Book 8, pages 7 and 8, of the
Public Records of Collier County, Florida; and
f. Assorted ammunition seized from the defendant’s
residence on or about March 31, 2022.
Being fully advised of the relevant facts, the Court hereby finds that at
least $2,617,447.17 was obtained by the defendant as a result of (1) the wire
fraud scheme charged in Count Two, and/or (2) the bank fraud scheme charged
in Count Eight, and/or (3) was laundered by the defendant as a result of the
illegal monetary transaction charged in Count Fourteen, for which he has pled
guilty.
The Court further finds that the assets identified above (1) constitute or
were derived from proceeds traceable to the wire fraud scheme charged in
Count Two, and/or the bank fraud scheme charged in Count Eight; and/or (2)
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Case 2:22-cr-00039-SPC-NPM Document 69 Filed 12/30/22 Page 3 of 4 PageID 457
were involved in the illegal monetary transaction charged in Count Fourteen;
and/or (3) were involved in the offense of the defendant being a convicted felon
in possession of ammunition charged in Count Eighteen, for which the
defendant has pled guilty.
Accordingly, it is hereby:
ORDERED that for good cause shown, the United States’ Motion for
Order of Forfeiture and Preliminary Order of Forfeiture for Direct Assets (Doc.
68) is GRANTED.
a) Pursuant to 18 U.S.C. §§ 981(a)(1)(C), 982(a)(1), 982(a)(2)(A), 28
U.S.C. § 2461(c), and Rule 32.2(b)(2) of the Federal Rules of
Criminal Procedure, the defendant shall be held liable for an order
of forfeiture in the amount of $2,617,447.17.
b) Because the $2,617,447.17 in proceeds was dissipated by the
defendant, the United States may seek, as a substitute asset,
pursuant to 21 U.S.C. § 853(p), as incorporated by 18 U.S.C. §
982(b)(1) and/or 28 U.S.C. § 2461(c), forfeiture of any of the
defendant’s property up to the value of $2,617,447.17.
c) Pursuant to 18 U.S.C. §§ 924(d)(1), 981(a)(1)(C), 982(a)(1),
982(a)(2)(A), 28 U.S.C. § 2461(c), and Rule 32.2(b)(2), the assets,
identified on pages one and two, above, are hereby forfeited to the
United States for disposition according to law. The net proceeds
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Case 2:22-cr-00039-SPC-NPM Document 69 Filed 12/30/22 Page 4 of 4 PageID 458
from the forfeiture and sale of these assets shall be credited to and
reduce the amount the United States shall be entitled to forfeit as
substitute assets.
d) Upon entry, this order shall become a final order of forfeiture as to
the defendant.
e) The Court retains jurisdiction to address any third-party claim
that may be asserted in these proceedings, to enter any further
order necessary for the forfeiture and disposition of such property,
and for any substitute assets that the United States may be
entitled to seek up to the amount of the order of forfeiture.
DONE AND ORDERED in Fort Myers, Florida on December 30, 2022.
Copies:Counsel of Record
4
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