Order Releasing Real Property from Forfeiture — United States v. Daniel Joseph Tisone

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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




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