Preliminary order of forfeiture — United States v. David Tyler Hines (S.D. Fla.)

Record facts

U.S. District Court, Southern District of Florida · No. 1:21-cr-20011-MGC · Doc. 45 · 2021-03-01 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO. 21-CR-20011-COOKE 
 
 
UNITED STATES OF AMERICA 
 
v.  
 
DAVID TYLER HINES,  
 
 
 
Defendant. 
 
 
 
 
 
 
 
 
PRELIMINARY ORDER OF FORFEITURE 
 
THIS MATTER is before the Court upon motion of the United States of America (the 
“United States”) for entry of a Preliminary Order of Forfeiture (“Motion”) against Defendant 
David Tyler Hines (the “Defendant”).  The Court has considered the Motion, is otherwise advised 
in the premises, and finds as follows: 
On January 8, 2021, the United States filed an Information charging the Defendant in Count 
1 with wire fraud in violation of 18 U.S.C. § 1343, ECF No. 1.  The Information also contained 
forfeiture allegations, which alleged that upon conviction of a violation of 18 U.S.C. § 1343, the 
Defendant shall forfeit any property constituting, or derived from, proceeds the defendant obtained 
directly or indirectly, as the result of such violation.  See id. at 4.  The Information alleged that the 
property subject to forfeiture as a result of the alleged offense includes, but is not limited to 
(collectively, the “Property”): 
i. All funds held by Bank of America formerly on deposit in account number 898077556016 
held in the name of Cash in Holdings LLC;  
 
ii. All funds held by Bank of America formerly on deposit in account number 898096330857 
held in the name of Unified Relocation Solutions, LLC; 
 
Case 1:21-cr-20011-MGC   Document 45   Entered on FLSD Docket 03/01/2021   Page 1 of 4

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iii. All funds held by Bank of America formerly on deposit in account number 898099756470 
held in the name of Promaster Movers, Inc.;  
 
iv. All funds held by Bank of America formerly on deposit in account number 898105927423 
held in the name of Unified Relocation Solutions LLC; and 
 
v. a 2020 Lamborghini Huracán with vin ZHWUF4ZF3LLA13255.  
See id.  
On February 10, 2021, the Court accepted the Defendant’s guilty plea to Count 1 of the 
Information.  See Minute Entry, ECF No. 38; Plea Agreement ¶ 2, ECF No. 40.  As part of the 
guilty plea, the Defendant agreed to the forfeiture of the Property and a forfeiture money judgment 
in the amount of $3,984,557.00.  Plea Agreement ¶ 12, ECF No. 40.   
In support of the guilty plea, the Defendant executed a Factual Proffer, and the Court found 
that there was a factual basis to support the Defendant’s conviction.  See Factual Proffer, ECF No. 
41.  The Factual Proffer also provided a basis for the forfeiture of property.  See id. at ¶7.  
According to the Defendant’s factual proffer, the Defendant applied for multiple Paycheck 
Protection Program (“PPP”) loans to Bank A on behalf of his companies (“the Companies”).  
Factual Proffer at ¶ 6, ECF No. 41.  In his PPP loan applications, the Defendant made a number of 
false and fraudulent representations.  Id. According to Postal Inspector Masmela’s attached 
declaration, based on those false and fraudulent representations, Bank A disbursed $3,984,557.00 
to the Companies’ accounts.  Further, Inspector Masmela’s declaration also described how PPP 
loans were used to fund and/or purchase the Property. 
Based on the record in this case, the total value of the proceeds traceable to the offense of 
conviction is $3,984,557.00, which sum may be sought as a forfeiture money judgment pursuant 
to Rule 32.2 of the Federal Rules of Criminal Procedure. 
In addition, also based on the record in this case, the following specific property is directly 
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subject to forfeiture, pursuant to 18 U.S.C. § 982(a)(2)(A):  
i. All funds held by Bank of America formerly on deposit in account number 898077556016 
held in the name of Cash in Holdings LLC;  
 
ii. All funds held by Bank of America formerly on deposit in account number 898096330857 
held in the name of Unified Relocation Solutions, LLC; 
 
iii. All funds held by Bank of America formerly on deposit in account number 898099756470 
held in the name of Promaster Movers, Inc.;  
 
iv. All funds held by Bank of America formerly on deposit in account number 898105927423 
held in the name of Unified Relocation Solutions LLC; and 
 
v. a 2020 Lamborghini Huracán with vin ZHWUF4ZF3LLA13255.  
Accordingly, based on the foregoing, the evidence in the record, and for good cause shown, 
the Motion is GRANTED, and it is hereby ORDERED that: 
1. 
Pursuant to 18 U.S.C. § 982(a)(2)(A) and Rule 32.2 of the Federal Rules of 
Criminal Procedure, a forfeiture money judgment in the amount of $3,984,557.00 is hereby entered 
against the Defendant. 
2. 
Pursuant to18 U.S.C. § 982(a)(2)(A), the following specific property is hereby 
forfeited and vested in the United States of America:  
i. 
All funds held by Bank of America formerly on deposit in account number 
898077556016 held in the name of Cash in Holdings LLC;  
 
ii. 
All funds held by Bank of America formerly on deposit in account number 
898096330857 held in the name of Unified Relocation Solutions, LLC; 
 
iii. 
All funds held by Bank of America formerly on deposit in account number 
898099756470 held in the name of Promaster Movers, Inc.;  
 
iv. 
All funds held by Bank of America formerly on deposit in account number 
898105927423 held in the name of Unified Relocation Solutions LLC; and 
 
v. 
a 2020 Lamborghini Huracán with vin ZHWUF4ZF3LLA13255.  
 
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3. 
Any duly authorized law enforcement 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. § 853(n). 
5. 
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, pursuant 
to Rule 32.2(b)(3), (c)(1)(B) of the Federal Rules of Criminal Procedure and 21 U.S.C. § 853(m). 
6. 
Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Order 
is final as to the Defendant. 
7. 
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 all interests will be addressed.  
Upon notice from the United States that no claims have been filed within 60 days of the first day 
of publication or within 30 days of receipt of notice, whichever is earlier, then, pursuant to Rule 
32.2(c)(2) of the Federal Rules of Criminal Procedure and 21 U.S.C. § 853(n)(7), this Order shall 
become a Final Order of Forfeiture and any duly authorized law enforcement agency shall dispose 
of the property in accordance with applicable law. 
DONE AND ORDERED in Miami, Florida, this 1st day of March 2021. 
 
  
Case 1:21-cr-20011-MGC   Document 45   Entered on FLSD Docket 03/01/2021   Page 4 of 4

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