Court filing
Unopposed Motion to Vacate Preliminary Order of Forfeiture — United States v. Daniel Joseph Tisone
Summary
In United States v. Daniel Joseph Tisone, Case No. 2:22-cr-39-SPC-NPM in the Middle District of Florida, the government moves, unopposed and on a time-sensitive basis, to vacate the preliminary order of forfeiture (Doc. 69) only as to Lot 5, Block F, The Moorings, Unit No. 6, in Naples. It says that, as discussed at sentencing, it has worked with the defendant to let a pending sale proceed so the net proceeds can go to the Clerk for his restitution, and that the buyers are ready to close as early as March 23, 2023. A footnote says the mortgage holder's petition (Doc. 79) and the Collier County Tax Collector's interest (Doc. 81) are moot and will be paid at closing under Florida law. Defense counsel Mark Eiglarsh has no objection. Assistant United States Attorney Suzanne C. Nebesky filed it on March 22, 2023.
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Cite this document
“Unopposed Motion to Vacate Preliminary Order of Forfeiture — United States v. Daniel Joseph Tisone.”
Original at ecf.flmd.uscourts.gov, No. 2:22-cr-00039-SPC-NPM, Doc. 98. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-daniel-tisone/2023-03-02-order-releasing-real-property-dkt-98/
, SHA-256 cd02a2b22780c7966b4a38ae1ceffe0257d99761e157589b14f3e32e10fdc839.Full text
Case 2:22-cr-00039-SPC-NPM Document 98 Filed 03/22/23 Page 1 of 4 PageID 986
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= UNOPPOSED, TIME-SENSITIVE MOTION TO VACATE
PRELIMINARY ORDER OF FORFEITURE FOR REAL PROPERTY
The United States of America moves, unopposed, 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 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;
Property Appraisers Parcel Identification (Folio) Number: 12981560000,
(the Real Property).
As discussed at sentencing, the United States has been working with the defendant to
allow a pending sale of the Real Property to proceed so funds can be applied to his
restitution order. The United States was informed that the buyers are prepared to
close as early as tomorrow, March 23, 2023; therefore, this motion is time-sensitive
as an order vacating the preliminary order of forfeiture is required in order to convey
clear title at closing.
Case 2:22-cr-00039-SPC-NPM Document 98 Filed 03/22/23 Page 2 of 4 PageID 987
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,
and holding the defendant liable for an Order of Forfeiture in the amount of
$2,617,447.17. Doc. 69.
As noted at sentencing, just prior to sentencing and in accordance with the
parties’ Stipulation Regarding Restitution (Doc. 41-1), the defendant obtained an
offer to purchase the Real Property from independent, third-party buyers. The
United States Marshals Service, through its contractor, has worked to facilitate that
sale and has informed the United States that the buyers are prepared to close, that no
remaining issues or obstacles remain, and that, upon completion of the sale, the net
proceeds can be transmitted to the Clerk, U.S. District Court, for application to the
defendant’s restitution order. 1 Therefore, in accordance with the parties’ agreement
and so that clear title can be conveyed as part of this transaction, the United States
1
Because the United States is not completing the forfeiture of the Real Property, the petition
filed by the mortgage holder for the Real Property (Doc. 79) and any interest of the Collier
County Tax Collector (Doc. 81) are moot as those interests, along with any other valid
taxes, liens or mortgages, will be resolved and paid as part of the closing in accordance with
Florida law.
2
Case 2:22-cr-00039-SPC-NPM Document 98 Filed 03/22/23 Page 3 of 4 PageID 988
moves, unopposed, to vacate the preliminary order of forfeiture as to the Real
Property, only.
The United States has conferred with Mark Eiglarsh, counsel for the
defendant, who has advised that he has no objection to this motion.
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
3
Case 2:22-cr-00039-SPC-NPM Document 98 Filed 03/22/23 Page 4 of 4 PageID 989
CERTIFICATE OF SERVICE
I hereby certify that on March 22, 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
4
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