Preliminary Order of Forfeiture — United States v. Ernest Bernard Gonder, Jr. (S.D. Fla.)

Record facts

U.S. District Court, Southern District of Florida · No. 0:24-cr-60003-KMW · Doc. 19 · 2024-03-19 · Docket on CourtListener

Full text

UNITED STATES DISTRICT CO IJRT
SOUTH ERN DISTRICT OF FLORIDA
CASE N O. 0:24-CR-60003-W ILLIAM S
UNITED STATES OF AM ERICA
ERNEST BERNARD G ONDER JR.,
D efendant.
PRELIM INARY ORDER OF FORFEITURE
THIS MATTER is before the Court upon motion of the United States of America (the
Etunited States'') for entry of a Preliminary Order of Forfeitlzre CsMotion'') against Defendant
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krnest Bernard Gonder Jr. (the Crefendanf'). The Court has considered the Motion, is othem ise
advised in the prem ises, and finds:
On January 5, 2024, the United States filed an Information charging the Defendant in
Counts 1 and 2 with wire fraud in violation of 18 U.S.C. j 1343. lnformation, ECF No. 1. The
Information also contained forfeiture allegations. See id. at 7.
Un M arch 7, 2024, the Court accepted !he Defendant's guilty plea to Counts 1 and 2 of the
Information. See Minute Entry, ECF No. 10; Plea Agreement ! 10, ECF No. 12. As part of the
guilty plea, the Defendant agreed to a forfeiture money judgment in the amount of $168,248.41
and the forfeiture of the real property located at 1621 NW  2nd Ave., Pompano Beach, Florida
33060-5117 in satisfaction thereof. Specifically, among other provisions in the Plea Agreement,
the Defendant agreed:
10. 
The defendant agrees, in an individual and any other capacity, to
forfeit to the United States, voluntarily and imm ediately, any right, title, and interest
to any property constitm ing, or derived from , proceeds obtained, directly or
Case 0:24-cr-60003-KMW   Document 19   Entered on FLSD Docket 03/20/2024   Page 1 of 4

indirectly, as a result of such violation, ptzrsuant to Title 18, United States Code,
Section 982(a)(2)(A). In addition, the defendant agrees to forfeiture of substitute
property pursuant to 21 U.S.C. j 85341$. The property subject to forfeiture includes,
but is not limited to:
a. forfeiture money judgment in the stzm of $168,248.41 in United States
currency, which sum represents the value of the property subject to forfeiture; and
c. substitute property, including, but not limited to, the real property located
at 1621 NW  2nd Ave., Pompano Beach, Florida 33060-5217.
Plea Agreement ! 10.
In support of the guilty plea, the Defendant executed a Factual Proffer, and the Court fotmd
that there was a factual basis to support the Defendant's conviction. See Factual Proffer, ECF No.
11. The Factual Proffer also provided a basis for the forfeittzre of propelty. See jtf at 4.
From April 2021 to July 2021, the defendant subm itled false and fraudulent applications
for Paycheck Protection Program  loans through the Sm all Business Admirlistration and
applications for forgiveness of these loans. f#. at 1-2. The applications contained false and
fraudulent inform ation as to the bonower's average m onthly payroll and nllm ber of employees.
1d Both loans w ere ultim ately paid and forgiven, resulting in the governm ent suffering an actual
loss of $168,248.41. 16L at 4.
Accordingly, based on the foregoing, the evidence in the record, and for good cause shown,
the M otion is GR ANTED, and it is hereby ORDERED :
Ptzrsuant to 18 U.S.C. j 982(a)(2)(A), 21 U.S.C. j 853, and Rule 32.2 of the Federal
Rules of Criminal Procedure, a forfeiture moneyjudgment in the amount of $168,248.41 is hereby
entered against the Defendant.
2. 
Ptlrsuant to 21 U.S.C.
forfeited and vested in the United States of Am erica:
j 853(19, the following substitute property is hereby
Real property located at 1621 N W  2nd Ave., Pompano Beach, Florida 33060-
5217, including all buildings, fixtures, appurtenances, im provem ents,
attachm ents and easem ents found therein or thereon,
2
Case 0:24-cr-60003-KMW   Document 19   Entered on FLSD Docket 03/20/2024   Page 2 of 4

Also known as: KENDALL GREEN SEC A 43-49 B LOT 13 BLK 2
Parcel Identiscation No. 484226060300.
Atly duly authorized 1aw enforcem ent agency may seize and take possession of the
forfeited property according to law.
4. 
The United States shall send and publish notice of the forfeiture in accordance with
Rule 32.2(b)(6) of the Federal Rules of Criminal Procedure and 21 U.S.C. j 853(n).
The United States is authorized to conduct any discovery that might be necessary
to identify, locate, or dispose of forfeited property, and to resolve any third-party petition, ptlrsuant
to Rule 32.2(b)(3), (c)(1)(B) of the Federal Rules of Criminal Procedure and 21 U.S.C. j 853(m).
6. 
Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedtlre, this Order
is final as to the Defendant.
The Court shall retain jurisdiction in this matter for the purpose of enforcing this
Order, and pursuant to Rule 32.2(e)(1) of the Federal Rules of Criminal Procedure, shall amend
this Order, or enter other orders as necessary, to forfeit additional specific property when
identified.
It is further ORDERED that upon adjudication of all third-party interests, if any, the Court
will enter a final order of forfeiture as to the property in which a1l interests will be addressed.
Upon notice f'rom  the United States that no claim s have been filed within 60 days of the flrst day
of publication or within 30 days of receipt of notice, whichever is earlier, then, pursuant to Rule
Case 0:24-cr-60003-KMW   Document 19   Entered on FLSD Docket 03/20/2024   Page 3 of 4

32.2(c)(2) of the Federal Rules of Criminal Procedure and 21 U.S.C. j 853(n)(7), this Order shall
becom e a Final Order of Forfeittlre and any duly authorized law enforcem ent agency shall dispose
of the property in accordance with applicable law.
DONE AND ORDERED in Miami, Florida, this /5/*Wy of March 2024.
KATHL N M . W ILLIAM S
UNITED TATES DISTRICT JUD GE
4
Case 0:24-cr-60003-KMW   Document 19   Entered on FLSD Docket 03/20/2024   Page 4 of 4

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