Court filing
Notice of Publication of Forfeiture — United States v. Daniel Joseph Tisone
No. 2:22-cr-00039-SPC-NPM · Doc. 78 · Docket on CourtListener
Full text
Case 2:22-cr-00039-SPC-NPM Document 78 Filed 01/30/23 Page 1 of 5 PageID 467
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
NOTICE OF PUBLICATION
The United States of America hereby advises the Court that notice of this
criminal forfeiture was posted on an official government internet site
(www.forfeiture.gov) for at least 30 consecutive days, beginning on December 31,
2022. See Attachment 1. Federal Rule of Criminal Procedure 32.2(b)(6)(C)
incorporates the provisions of Rule G(4) of the Supplemental Rules for Admiralty or
Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure, as
the means of publication in a criminal forfeiture case.
Respectfully Submitted,
ROGER B. HANDBERG
United States Attorney
By: s/Suzanne C. Nebesky
SUZANNE C. NEBESKY
Assistant United States Attorney
Florida Bar Number 59377
400 North Tampa Street, Suite 3200
Tampa, Florida 33602
(813) 274-6000 – telephone
E-mail: suzanne.nebesky@usdoj.gov
Case 2:22-cr-00039-SPC-NPM Document 78 Filed 01/30/23 Page 2 of 5 PageID 468
CERTIFICATE OF SERVICE
I hereby certify that on January 30, 2023, I electronically filed the
foregoing with the Clerk of the Court by using the CM/ECF system that will
send a notice of electronic filing to counsel of record.
s/Suzanne C. Nebesky
SUZANNE C. NEBESKY
Assistant United States Attorney
Case 2:22-cr-00039-SPC-NPM Document 78 Filed 01/30/23 Page 3 of 5 PageID 469
Attachment 1
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA, FORT MYERS DIVISION
COURT CASE NUMBER: 2:22-CR-39-SPC-NPM; NOTICE OF FORFEITURE
Notice is hereby given that on December 30, 2022, in the case of U.S. v. DANIEL
JOSEPH TISONE, Court Case Number 2:22-CR-39-SPC-NPM, the United States District
Court for the Middle District of Florida entered an Order condemning and forfeiting the
following property to the United States of America:
Approximately $832.26 seized from JPMorgan Chase Bank, N.A., Account number
xxxxx8870, held in the name of TEC Ventures, LLC, which was seized from Daniel
Tisone on March 31, 2022 at Tampa, FL (22-FBI-002653)
Approximately $64,813.43 seized from Bank of Clarke County, account number
xxx2616, held in the name of TEC Ventures, LLC, which was seized from Daniel
Tisone on March 31, 2022 at Tampa, FL (22-FBI-002654)
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, which was seized from Daniel Tisone on March 31, 2022 at
Naples, FL (22-FBI-002888)
Assorted Ammunition, including Speer, Winchester, Sellier & Bellot, PMC, BVAC,
Remington, IMT, Fiocchi, Blazer, FC, RP, YVX, PPU and GFL, which were seized
from Daniel Tisone on March 31, 2022 at Naples, FL (22-FBI-003163)
The 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
Parcel # 12981560000
(22-FBI-003172)
The 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
Parcel # 14749900509
Case 2:22-cr-00039-SPC-NPM Document 78 Filed 01/30/23 Page 4 of 5 PageID 470
(22-FBI-003173)
The United States hereby gives notice of its intent to dispose of the forfeited
property in such manner as the United States Attorney General may direct. Any person,
other than the defendant(s) in this case, claiming interest in the forfeited property must file
an ancillary petition within 60 days of the first date of publication (December 31, 2022) of
this Notice on this official government internet web site, pursuant to Rule 32.2 of the
Federal Rules of Criminal Procedure and 21 U.S.C. § 853(n)(1). The ancillary petition
must be filed with the Clerk of the Court, U.S. Courthouse and Federal Building, 2110 First
Street, Suite 2-194, Fort Myers, FL 33901, and a copy served upon Assistant United
States Attorney Suzanne Nebesky, 2110 First Street, Suite 3-137, Fort Myers, FL 33901.
The ancillary 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 in the forfeited
property, the time and circumstances of the petitioner's acquisition of the right, title and
interest in the forfeited property and any additional facts supporting the petitioner's claim
and the relief sought, pursuant to 21 U.S.C. § 853(n).
Following the Court’s disposition of all ancillary petitions filed, or if no such petitions
are filed, following the expiration of the period specified above for the filing of such
ancillary petitions, the United States shall have clear title to the property and may warrant
good title to any subsequent purchaser or transferee.
The government may also consider granting petitions for remission or mitigation,
which pardon all or part of the property from the forfeiture. A petition must include a
description of your interest in the property supported by documentation; include any facts
you believe justify the return of the property; and be signed under oath, subject to the
penalty of perjury, or meet the requirements of an unsworn statement under penalty of
perjury. See 28 U.S.C. Section 1746. For the regulations pertaining to remission or
mitigation of the forfeiture, see 28 C.F.R. Sections 9.1 - 9.9. The criteria for remission of
the forfeiture are found at 28 C.F.R. Section 9.5(a). The criteria for mitigation of the
forfeiture are found at 28 C.F.R. Section 9.5(b). The petition for remission need not be
made in any particular form and may be filed online or in writing. You should file a petition
for remission not later than 11:59 PM EST 30 days after the date of final publication of this
notice. See 28 C.F.R. Section 9.3(a). The https://www.forfeiture.gov/FilingPetition.htm
website provides access to a standard petition for remission form that may be mailed and
the link to file a petition for remission online. If you cannot find the desired assets online,
you must file your petition for remission in writing by sending it to Assistant United States
Attorney Suzanne Nebesky, 2110 First Street, Suite 3-137, Fort Myers, FL 33901. This
website provides answers to frequently asked questions (FAQs) about filing a petition for
remission. You may file both an ancillary petition with the court and a petition for
remission or mitigation.
Case 2:22-cr-00039-SPC-NPM Document 78 Filed 01/30/23 Page 5 of 5 PageID 471
Advertisement Certification Report
The Notice of Publication was available on the www.forfeiture.gov web site for at least 18 hours per day
between December 31, 2022 and January 29, 2023. Below is a summary report that identifies the uptime
for each day within the publication period and reports the results of the web monitoring system’s daily
check that verifies that the advertisement was available each day.
U.S. v. DANIEL JOSEPH TISONE
Court Case No: 2:22-CR-39-SPC-NPM
For Asset ID(s): See Attached Advertisement Copy
Consecutive Date Advertisement Total Hours Web Site Verification that
Calendar Day Appeared on the was Available during Advertisement
Count Web Site Calendar Day existed on Web Site
1 12/31/2022 23.9 Verified
2 01/01/2023 23.9 Verified
3 01/02/2023 23.9 Verified
4 01/03/2023 23.8 Verified
5 01/04/2023 23.9 Verified
6 01/05/2023 23.9 Verified
7 01/06/2023 23.9 Verified
8 01/07/2023 23.9 Verified
9 01/08/2023 23.9 Verified
10 01/09/2023 24.0 Verified
11 01/10/2023 23.8 Verified
12 01/11/2023 23.8 Verified
13 01/12/2023 23.9 Verified
14 01/13/2023 23.9 Verified
15 01/14/2023 23.9 Verified
16 01/15/2023 23.9 Verified
17 01/16/2023 23.9 Verified
18 01/17/2023 23.9 Verified
19 01/18/2023 23.9 Verified
20 01/19/2023 23.9 Verified
21 01/20/2023 23.8 Verified
22 01/21/2023 23.9 Verified
23 01/22/2023 23.9 Verified
24 01/23/2023 24.0 Verified
25 01/24/2023 23.9 Verified
26 01/25/2023 23.9 Verified
27 01/26/2023 24.0 Verified
28 01/27/2023 23.9 Verified
29 01/28/2023 23.9 Verified
30 01/29/2023 23.9 Verified
Additional log information is available and kept in the archives for 15 years after the asset has been disposed.
File and source
- File
- gov.uscourts.flmd.401005.78.0.pdf
- Size
- 170,030 bytes
- SHA-256
- a92b18cbfe4fe58c4f70dafba83d7b453b3a66a9e91473da83ea8eaba5a09499
- Original
- PACER (login required)