Order of Forfeiture — United States v. Denis Casseus

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Case 2:23-cr-00009-KCD-DNF       Document 42    Filed 06/07/23    Page 1 of 3 PageID 129




                           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

                 ORDER OF FORFEITURE AND PRELIMINARY
                 ORDER OF FORFEITURE FOR DIRECT ASSET

       The United States moves under 18 U.S.C. § 982(a)(2)(A) and Rule 32.2(b)(2),

 Federal Rules of Criminal Procedure, for a $298,875.00 Order of Forfeiture,

 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.

       Being fully advised of the relevant facts, the Court finds that the defendant

 pled guilty to bank fraud, and he personally obtained $298,875.00 in proceeds. In

 addition, 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. §
Case 2:23-cr-00009-KCD-DNF       Document 42      Filed 06/07/23   Page 2 of 3 PageID 130




 982(a)(2)(A).

        Accordingly, it is ORDERED that the motion of the United States is

 GRANTED.

        It is FURTHER ORDERED that, pursuant to the provisions of 18 U.S.C. §

 982(a)(2)(A) and Rule 32.2(b)(2), Federal Rules of Criminal Procedure, the United

 States is entitled to forfeit the $298,875.00 in proceeds the defendant personally

 obtained.

        It is FURTHER ORDERED that, pursuant to 18 U.S.C. § 982(a)(1) and

 (a)(2)(A) and Rule 32.2(b)(2), Federal Rules of Criminal Procedure, the asset

 identified above is FORFEITED to the United States of America for disposition

 according to law.

        Because the $298,875.00 in proceeds was dissipated by the defendant, the

 United States may seek, as a substitute asset, pursuant to 21 U.S.C. § 853(p), as

 incorporated by 18 U.S.C. § 982(b)(1), forfeiture of any of the defendant’s property

 up to the value of $298,875.00. The Court retains jurisdiction to address any third-

 party claim that may be asserted in these proceedings, and to enter any further order

 necessary for the forfeiture and disposition of such property or any substitute assets.

        The forfeited asset will be credited towards the satisfaction of the defendant’s

 order of forfeiture.




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Case 2:23-cr-00009-KCD-DNF   Document 42   Filed 06/07/23   Page 3 of 3 PageID 131




       DONE and ORDERED in Fort Myers, Florida, this 7th day of June 2023.




                                      THOMAS P. BARBER
                                      UNITED STATES DISTRICT JUDGE




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