Court filing
United States' Amended Motion for Order of Forfeiture — United States v. Denis Casseus
Filed June 2, 2023 in U.S. v. Denis Casseus, the only filing from this case in the archive.
No. 2:23-cr-00009-KCD-DNF · Doc. 41 · 2023-06-02 · Docket on CourtListener
Full text
Case 2:23-cr-00009-KCD-DNF Document 41 Filed 06/02/23 Page 1 of 6 PageID 123
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
UNITED STATES’ AMENDED 1 MOTION FOR ORDER OF FORFEITURE
AND PRELIMINARY ORDER OF FORFEITURE FOR DIRECT ASSET
Pursuant to 18 U.S.C. § 982(a)(2)(A) and Rule 32.2(b)(2) of the Federal Rules
of Criminal Procedure, the United States of America moves for an Order of
Forfeiture in the amount of $298,875.00, representing the amount of proceeds the
defendant admits he obtained as a result of the offenses charged in Counts One and
Two of the Indictment, as well as forfeiture of the following asset:
The real property located at 132 SW 10th Place, Cape Coral, FL 33991,
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
Title Owner: Ismaelle Manuel. 2
1
The United States is filing the amended motion to correct the address of the real
property.
2
The United States intends to seek forfeiture of Ismaelle Manuel’s interest in the real
property identified above. See United States v. Ismaelle Manuel, Case No. 2:23-cr-3-
TPB-KCD.
Case 2:23-cr-00009-KCD-DNF Document 41 Filed 06/02/23 Page 2 of 6 PageID 124
In accordance with Rule 32.2(b)(4) and the defendant’s plea agreement (Doc.
30 at 12), the United States asks that the order of forfeiture become final at the time it
is entered. In support, the United States submits the following memorandum of law.
MEMORANDUM OF LAW
I. Statement of Facts
A. Allegations Against the Defendant
1. The defendant was charged in an Indictment, in relevant part, with
bank fraud, in violation of 18 U.S.C. § 1344 (Counts One and Two), and money
laundering, in violation of 18 U.S.C. § 1957(a) (Count Five). Doc. 1.
2. The forfeiture allegations in the Indictment notified the defendant that,
pursuant to 18 U.S.C. § 982(a)(2)(A), the United States was seeking forfeiture of any
property, real or personal, which constitutes or is derived from proceeds traceable to
the offense, including a $298,875.00 Order of Forfeiture, representing the amount of
proceeds the defendant personally obtained and the assets identified above. Id. at 4-6.
B. Finding of Guilt and Admissions of Fact
3. On May 23, 2023, the defendant pleaded guilty to Counts One, Two,
and Five of the Indictment pursuant to a written plea agreement before United States
Magistrate Judge Kyle C. Dudek, who recommended that his plea be accepted.
Docs. 35, 36. On May 26, 2023, United States District Judge Thomas P. Barber
accepted his plea and adjudicated him guilty. Doc. 38. The defendant’s sentencing is
currently scheduled for August 18, 2023. Id.
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5. In his plea agreement (Doc. 30 at 22-28), the defendant agreed to a
factual basis which describes the conduct underlying the charge in the Indictment
and provides support for a $298,875.00 order of forfeiture which represents the
amount of proceeds the defendant admits he personally obtained and forfeiture of the
asset identified above.
C. Admissions Related to Forfeiture
6. In his plea agreement, the defendant admitted and agreed that, pursuant
to 18 U.S.C. § 982(a)(2)(A), the United States is entitled to a $298,875.00 Order of
Forfeiture, which represents the amount of proceeds the defendant admits he
personally obtained, as well as the forfeiture of the asset identified above, which was
purchased or funded with proceeds of the offenses charged in Counts One and Two
to which the defendant is to pled guilty. Doc. 30 at 11. Moreover, the defendant
agreed that the United States is entitled to forfeit any of the defendant’s property as
substitute assets to satisfy the Order of Forfeiture, and that the order of forfeiture
would be final upon entry. Id. at 12.
II. Applicable Law
A. Forfeiture Statute
Criminal forfeiture of property for bank fraud, in violation of 18 U.S.C. §
1344, is governed by 18 U.S.C. § 982(a)(2)(A) which provides for the forfeiture of
any property constituting, or derived from, proceeds the defendant obtained, directly
or indirectly, as a result of such violations. See 18 U.S.C. § 982(a)(2).
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B. Court’s Determination of Forfeiture
Rule 32.2, Federal Rules of Criminal Procedure, governs the criminal
forfeiture of property based on a defendant=s conviction for the offenses giving rise to
the forfeiture. Rule 32.2(b)(1) requires that as soon as practical after a verdict or
finding of guilty, or after a plea of guilty is accepted, the Court must determine what
property is subject to forfeiture under the applicable statute. Fed. R. Crim. P.
32.2(b)(1)(A). The Court’s determination may be based on evidence already in the
record, or any additional evidence submitted by the parties and accepted by the
Court as relevant and reliable. Fed. R. Crim. P. 32.2(b)(1)(B).
Because the United States could not locate all the specific property involved in
the offenses, the United States seeks an order of forfeiture against the defendant in
the amount of $298,875.00, pursuant to Federal Rule of Criminal Procedure
32.2(b)(2). As the defendant has agreed, he personally obtained $298,875.00 in
proceeds of the offenses. If the Court finds that the defendant obtained at least
$298,875.00 of criminal proceeds, and that the defendant has dissipated the proceeds,
then it is appropriate for the Court to enter an order of forfeiture against the
defendant in that amount pursuant to Rule 32.2(b)(2).
The United States asserts, and the defendant has agreed, that the asset
identified above, was purchased or funded with proceeds of the offenses charged in
Counts One and Two and is thus forfeitable under 18 U.S.C. § 982(a)(1).
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III. Conclusion
For the reasons stated above, the United States requests that the Court,
pursuant to 18 U.S.C. § 982(a)(2)(A) and Rule 32.2(b)(2), Federal Rules of Criminal
Procedure, enter an Order of Forfeiture against the defendant in the amount of
$298,875.00, for which he is personally liable, and a Preliminary Order of Forfeiture
for the asset identified above, subject to the provisions of 21 U.S.C. § 853(n). The
forfeited asset will be credited towards the satisfaction of the defendant’s order of
forfeiture.
The United States further requests that, in accordance with his Plea
Agreement (Doc. 30 at 12), the order of forfeiture become final as to the defendant at
the time it is entered.
As required by Federal Rule of Criminal Procedure 32.2(b)(4)(B), the United
States requests that the Court include the forfeiture when orally pronouncing the
sentence and include the forfeiture order, directly or by reference, in the judgment.
See Fed. R. Crim. P. 32.2(b)(4)(A) and (B).
Finally, the United States further requests that the Court retain jurisdiction to
address any third-party claim that may be asserted in these proceedings, to enter any
further order necessary for the forfeiture and disposition of such property, and to
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Case 2:23-cr-00009-KCD-DNF Document 41 Filed 06/02/23 Page 6 of 6 PageID 128
order any substitute assets forfeited to the United States up to the amount of the
order of forfeiture.
Respectfully Submitted,
ROGER B. HANDBERG
United States Attorney
By: s/James A. Muench
JAMES A. MUENCH
Assistant United States Attorney
Florida Bar Number 472867
400 North Tampa Street, Suite 3200
Tampa, Florida 33602
(813) 274-6000 – telephone
E-mail: james.muench2@usdoj.gov
CERTIFICATE OF SERVICE
I hereby certify that on June 2, 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
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