Final Order of Forfeiture — United States v. Daniel Joseph Tisone

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Case 2:22-cr-00039-SPC-NPM       Document 97      Filed 03/21/23    Page 1 of 3 PageID 983




                        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

             UNITED STATES= MOTION TO VACATE PRELIMINARY
                ORDER OF FORFEITURE FOR REAL PROPERTY

        The United States of America moves to vacate the Preliminary Order of

 Forfeiture for Direct Asset (Doc. 69), only as it pertains to the following real

 property:

        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.

 (the Real Property).

        In support thereof, the United States submits the following memorandum of

 law.

                             MEMORANDUM OF LAW

        On December 30, 2022, the Court entered an Order of Forfeiture and

 Preliminary Order of Forfeiture for Direct Assets forfeiting to the United States all

 right, title, and interest of the defendant in, among other things, the Real Property,
Case 2:22-cr-00039-SPC-NPM          Document 97      Filed 03/21/23    Page 2 of 3 PageID 984




 and holding the defendant liable for an Order of Forfeiture in the amount of

 $2,617,447.17. Doc. 69.

        Following entry of the Preliminary Order of Forfeiture, the United States

 performed inspections and obtained an appraisal for the Real Property. In light of

 the appraised value, the anticipated repair costs, and the significant default interest

 that has accrued on the mortgage, there is insufficient equity for the United States to

 proceed with the forfeiture of the Real Property. 1

        WHEREFORE, the United States respectfully requests that the Preliminary

 Order of Forfeiture be vacated only as to the Real Property identified above, and

 that, in all other respects, the Order of Forfeiture and Preliminary Order of Forfeiture

 remain in full force and effect.



                                               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 N. Tampa Street, Suite 3200
                                               Tampa, Florida 33602
                                               (813) 274-6000 – telephone
                                               E-mail: suzanne.nebesky@usdoj.gov


 1
  Because the United States is not completing the forfeiture of the Real Property, any third -
 party claims, including that of the Collier County Tax Collector (Doc. 83), are moot.
                                                2
Case 2:22-cr-00039-SPC-NPM        Document 97     Filed 03/21/23   Page 3 of 3 PageID 985




                             CERTIFICATE OF SERVICE

       I hereby certify that on March 21, 2023, I electronically filed the foregoing

 with the Clerk of the Court by using the CM/ECF system which will send a notice of

 electronic filing to counsel of record.


                                           s/Suzanne C. Nebesky
                                           SUZANNE C. NEBESKY
                                           Assistant United States Attorney




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