Government's Notice of Lis Pendens — United States v. Denis Casseus

Summary

The government's Notice of Lis Pendens in United States v. Denis Casseus, No. 2:23-cr-00009-KCD-DNF, in the U.S. District Court for the Middle District of Florida, filed January 27, 2023 as Doc. 6. The notice states that the action was commenced on January 25, 2023 and that the United States seeks to forfeit real property in Cape Coral, Lee County, Florida, identified by its plat and parcel description. It cites 18 U.S.C. §§ 982(a)(1) and (a)(2)(A) as the basis for forfeiture. It also gives notice that 21 U.S.C. § 853(k) bars claimants from intervening in the criminal case or suing the United States over the property, except as provided in 21 U.S.C. § 853(n). The three-page filing is signed by an Assistant United States Attorney and includes a certificate of service.

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Case 2:23-cr-00009-KCD-DNF      Document 6     Filed 01/27/23   Page 1 of 3 PageID 30




                      UNITED STATES DISTRICT COURT
                       MIDDLE DISTRICT OF FLORIDA
                          FORT MYERS DIVISION

UNITED STATES OF AMERICA,

v.                                             Case No. 2:23-cr-9-TPB-KCD

DENIS CASSEUS
                        /
[OWNER OF RECORD: ISMAELLE MANUEL]

                 GOVERNMENT’S NOTICE OF LIS PENDENS

      NOTICE IS HEREBY GIVEN that the above-referenced action was

commenced on January 25, 2023, and is now pending in the United States District

Court for the Middle District of Florida between the parties named in the above-

referenced action.

      The United States of America is seeking to forfeit certain real property located

at 132 SW 10th Place, Cape Coral, FL 33991, being the same premises conveyed to

Ismaelle Manuel, on November 30, 2021, and recorded on November 30, 2021,

2016, in Lee County, Instrument No. 2021000392271, including all improvements

thereon and appurtenances thereto, the legal description for which is as follows:

      Lots 24 and 25, Block 3624, Cape Coral Subdivision, Unit 49, according to the
      plat thereof recorded in Plat Book 17, Pages 145 through 154, inclusive, of the
      Public Records of Lee County, Florida.

      Parcel Number: l 5-44-23-C2-03624.0240

      The United States seeks forfeiture of the above property pursuant to the

provisions of 18 U.S.C. §§ 982(a)(1) and (a)(2)(A).
Case 2:23-cr-00009-KCD-DNF       Document 6     Filed 01/27/23    Page 2 of 3 PageID 31




      FURTHER NOTICE IS HEREBY GIVEN that the provisions of 21 U.S.C. §

853(k) prohibit any claimant to the described property from: (1) intervening in the

trial or appeal of the criminal case, or (2) commencing an action at law or equity

against the United States concerning the validity of any alleged interest in the

property subsequent to the filing of an indictment or information alleging that the

property is subject to forfeiture, except as provided by the provisions of 21 U.S.C. §

853(n) following the entry of any order of forfeiture. Further information concerning

this action may be obtained from the records of the Clerk of Court, U.S. Federal

Courthouse and Federal Building, 2110 First Street, Room 2-194, Fort Myers, FL

33901.

                                            Respectfully Submitted,

                                            ROGER B. HANDBERG
                                            United States Attorney


                                            s/James A. Muench
                                            JAMES A. MUENCH
                                            Assistant United States Attorney
                                   By:      Florida Bar Number 472867
                                            400 North Tampa Street, Suite 3200
                                            Tampa, Florida 33602
                                            (813) 274-6000 – telephone
                                            E-mail: james.muench2@usdoj.gov




                                           2
 Case 2:23-cr-00009-KCD-DNF         Document 6    Filed 01/27/23    Page 3 of 3 PageID 32




                           CERTIFICATE OF SERVICE

      I hereby certify that on January 27, 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/James A. Muench
                                          JAMES A. MUENCH
                                          Assistant United States Attorney




                                             3


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