Court filing

Second Post-Judgment Status Report — United States v. Daniel Joseph Tisone

Filed September 15, 2023 in U.S. v. Daniel Tisone; one of 7 filings from this case.

What This Document Is

The government's comprehensive summary of the entire forfeiture track's status as of May 19, 2023 — the single clearest recap document in the docket of everything that happened with the six originally forfeited assets.

Factual Summary

The report walks through all six assets named in the December 30, 2022 preliminary forfeiture order (Doc. 69): the Bank of Clarke County account (~$64,813.43), the JP Morgan Chase account (~$832.26), the diamond ring, the two Naples real properties, and the assorted ammunition. It recaps the three petitions/claims filed in response (MERS on 550 Starboard Drive, Doc. 79; Bank of Clarke County's remission petition, Doc. 80; Collier County Tax Collector's claim on both properties, Doc. 81); the government's motion to strike the Bank of Clarke County petition (Doc. 87, still pending as of this report); the vacatur of forfeiture as to both real properties (Docs. 97-99), which the report states should moot the MERS petition and the Tax Collector's claim as to those properties; the administrative (FBI) forfeiture of the cash accounts and ring (Doc. 113); and the pending Motion for Final Order of Forfeiture as to the ammunition (Doc. 114) — "the only Forfeitable Asset left to be resolved in this case." The report concludes with a numbered list of exactly which pending items are "ripe for review" to close out the forfeiture track.

Key Facts

Functions as the government's own roadmap for closing the forfeiture track — every item it flags as "ripe for review" was in fact resolved within three weeks (Docs. 116-119, June 7-9, 2023).
Confirms the "only Forfeitable Asset left" framing directly, corroborating that the ammunition motion (Doc. 114) was the last substantive forfeiture matter.
The report contains a typo in its own paragraph numbering (two paragraphs both numbered "5"), a minor drafting error not otherwise substantively significant.

Source Caveats

Extraction was clean and complete.
Extracted text may omit formatting, pagination, signatures, seals, or redactions; use the source file for exact quotations.

No. 2:22-cr-00039-SPC-NPM · Doc. 115 · 2023-09-15 · Docket on CourtListener

Full text

Case 2:22-cr-00039-SPC-NPM Document 115 Filed 05/19/23 Page 1 of 6 PageID 1069

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

STATUS REPORT REGARDING FORFEITURE

The United States of America files this status report regarding all pending

forfeiture matters in this case.

1. On December 30, 2022, the Court entered a Preliminary Order of

Forfeiture forfeiting to the United States all right, title, and interest of the defendant

in the following assets, pursuant to 18 U.S.C. §§ 981(a)(1)(C), 982(a)(1),

982(a)(2)(A), 28 U.S.C. § 2461(c):

a. approximately $64,813.43 seized from Bank of Clarke County
account ending in 2616, held in the name of TEC Ventures LLC
(the BOC Account);

b. approximately $832.26 seized from JP Morgan Chase account
ending in 8870, held in the name of TEC Ventures LLC (the Chase
Account);

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 (the
Diamond Ring);

d. the real property located at 1001 10th Avenue South, Naples,
Florida 34102 (1001 10th Avenue);

e. the real property located at 550 Starboard Drive, Naples, Florida
34103 (550 Starboard Drive); and
Case 2:22-cr-00039-SPC-NPM Document 115 Filed 05/19/23 Page 2 of 6 PageID 1070

f. assorted ammunition seized from the defendant’s residence on or
about March 31, 2022 (the Ammunition),

(collectively, the Forfeitable Assets). Doc. 69.

2. Following entry of the Preliminary Order of Forfeiture, the United

States sent notice of the forfeiture to all parties with a potential interest in the

Forfeitable Assets. In response, the following parties filed petitions or claims

asserting an interest in one or more of the Forfeitable Assets:

a. Mortgage Electronic Registration Systems, Inc. (MERS) filed a

petition asserting an interest in the 550 Starboard Drive property

based on their mortgage/secured interest in the property (Doc. 79);

b. Bank of Clarke County filed a “Petition for Remission” seeking

remission of funds seized from the BOC Account (Doc. 80); and

c. Collier County Tax Collector filed a claim asserting an interest in

the 1001 10th Avenue and the 550 Starboard Drive properties for

any unpaid property taxes and/or assessments (Doc. 81).

3. On February 16, 2023, the United States filed an Unopposed Motion to

Strike Petition for Remission filed by Bank of Clarke County (Doc. 80) because, as

the Bank agreed, the pleading was meant to be a remission request directed to the

Attorney General. Doc. 87. The United States’ motion to strike and the Bank’s

petition are both pending.

4. On March 21, 2023, the United States filed a Motion to Vacate

Preliminary Order of Forfeiture for Real Property for the 1001 10th Avenue property

2
Case 2:22-cr-00039-SPC-NPM Document 115 Filed 05/19/23 Page 3 of 6 PageID 1071

because the property had insufficient equity to move forward. Doc. 97. On March

22, 2023, the Court granted the United States’ motion and vacated the Preliminary

Order of Forfeiture for the 1001 10th Avenue property. Doc. 99. Because the United

States is not completing the forfeiture of this property, the Claim filed by Collier

County Tax Collector as it pertains to the 1001 10th Avenue Property (Doc. 81)

should be denied as moot.

5. On March 22, 2023, the United States filed an Unopposed, Time-

Sensitive Motion to Vacate the Preliminary Order of Forfeiture for the 550 Starboard

Drive property in order to allow a pending sale for the property to close so that the

funds could be applied to restitution. Doc. 98. On March 22, 2023, the Court

granted the United States’ motion and vacated the Preliminary Order of Forfeiture

for the 550 Starboard Drive property. Doc. 99. Because the United States is not

completing the forfeiture of the property, the petition filed by MERS (Doc. 79) and

the claim filed by Collier County Tax Collector as it pertains to the 550 Starboard

Drive property (Doc. 81) should be denied as moot.

5. On May 18, 2023, the United States filed a Notice to Court Regarding

Forfeiture, notifying the Court that it will not complete the forfeiture of the BOC

Account, the Chase Account, or the Diamond Ring, because those assets have been

administratively forfeited by the Federal Bureau of Investigation. Doc. 113.

Therefore, those assets are no longer subject to forfeiture in this case.

3
Case 2:22-cr-00039-SPC-NPM Document 115 Filed 05/19/23 Page 4 of 6 PageID 1072

6. On May 18, 2023, the United States filed a Motion for Final Order of

Forfeiture for the Ammunition, which is the only Forfeitable Asset left to be resolved

in this case. Doc. 114. That motion is pending.

7. In conclusion, the United States believes that the following, pending

motions/claims/petitions are ripe for review, which will resolve all pending

forfeiture matters in this case:

a. The United States’ Unopposed Motion to Strike Petition for

Remission filed by Bank of Clarke County (Doc. 87) should be

granted, which will also resolve the Bank of Clarke County’s

pending petition (Doc. 80);

b. MERS petition relating to the 550 Starboard Property (Doc. 79)

should be denied as moot because the Court has vacated the

Preliminary Order of Forfeiture as it pertains to that property

(Doc. 99);

c. The Collier County Tax Collector’s claim (Doc. 81) relating to

both the 550 Starboard Drive and the 1001 10th Avenue properties

should be denied as moot because the Court has vacated the

Preliminary Order of Forfeiture as it pertains to both properties

(Doc. 81); and

4
Case 2:22-cr-00039-SPC-NPM Document 115 Filed 05/19/23 Page 5 of 6 PageID 1073

d. The United States Motion for Final Order of Forfeiture for the

Ammunition (Doc. 114) is ripe for review, which will resolve the

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

5
Case 2:22-cr-00039-SPC-NPM Document 115 Filed 05/19/23 Page 6 of 6 PageID 1074

CERTIFICATE OF SERVICE

I hereby certify that on May 19, 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

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