Preliminary Order of Forfeiture — United States v. Edward Moise

Record facts

U.S. District Court for the Southern District of Florida · No. 0:21-cr-60293-WPD · Doc. 22 · 2022-03-15 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO. 21-60293-CR-DIMITROULEAS 
UNITED STATES OF AMERICA 
v. 
EDWARD MOISE, 
Defendant. 
PRELIMINARY ORDER OF FORFEITURE 
THIS MATTER is before the Court upon the United States of America's Unopposed 
Motion for Preliminary Order of Forfeiture ("Motion") (ECF No. 20) against Defendant 
EDWARD MOISE (the "Defendant"). The Court has considered the Motion, is otherwise advised 
in the premises, and finds as follows: 
On October 26, 2021, the United States filed an Information charging the Defendant with 
conspiracy to commit bank fraud in violation of Title 18, United States Code, Section 371. 
Information, ECF No. 1. The Information also contained forfeiture allegations, which alleged that 
upon conviction of a violation of Title 18, United States Code, Section 371, the Defendant shall 
forfeit to the United States any property constituting, or derived from, any proceeds the Defendant 
obtained, directly or indirectly, as the result of such violation pursuant to Title 18, United States 
Code, Section 982(a)(2)(A). See id. at 8. 
On December 3, 2021, the Court accepted the Defendant's guilty plea to the one-count 
Information charging the Defendant with conspiracy to commit bank fraud, in violation of Title 
18, United States Code, Section 371. See Minute Entry, ECF No. 10; Plea Agreement, ECF No. 
11. As part of the guilty plea, among other provisions in the Plea Agreement, the Defendant agreed 
Case 0:21-cr-60293-WPD   Document 22   Entered on FLSD Docket 03/15/2022   Page 1 of 4

to the following: 
13. 
The defendant agrees, in an individual and any other capacity, to forfeit to 
the United States voluntarily and immediately, any right, title, and interest to all 
property, real or personal, which constitutes or is derived from proceeds obtained 
directly or indirectly, as a result of the violation to which he is pleading guilty, 
pursuant 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. § 853(p ). 
The property subject to forfeiture includes, but is not limited to a forfeiture money 
judgment in an amount to be determined later, which sum represents the value of 
the property subject to forfeiture; and (sic)" 
Plea Agreement iJ13, ECF No. 11. 
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. 
12. 
From in or around June 2020, through in or around November 2020, the Defendant 
participated in a scheme to submit and cause the submission of false and fraudulent applications 
for loans and grants made available through the Small Business Administration to provide relief 
for the economic effects caused by the COVID-19 pandemic, including Paycheck Protection 
Program ("PPP") loans and Economic Injury Disaster Loans ("EIDL"); paid and facilitated the 
payments of kickbacks in furtherance of the scheme; and received the proceeds from fraudulent 
PPP loans and EID Ls submitted on behalf of companies under his control. Factual Proffer 1. 
The Defendant requested a PPP loan in the approximate amount of $175,022 purportedly 
to pay a monthly payroll of approximately $70,009 for 31 employees for a company in the name 
ofMLG. See id. at 2. Four quarterly IRS Forms 941 for 2019 with identical figures were attached 
to the PPP loan application, which purported to report that MLG had 31 salaried employees and 
total quarterly wages of $365,100. Id. The Florida Department of Revenue records for MLG in 
2019 and 2020, however, showed that MLG reported no employees and had paid $0 in wages in 
2 
Case 0:21-cr-60293-WPD   Document 22   Entered on FLSD Docket 03/15/2022   Page 2 of 4

2019 and 2020. Id Although the Defendant did not review the MLG PPP loan application or 
supporting tax documents, the Defendant knew that the MLG PPP loan application contained false 
information about the payroll obligations of the Defendant's company MLG to obtain PPP loan 
funds in excess of what MLG would otherwise be entitled. Id at 3. 
On or about June 19, 2020, Bank #1, a financial institution insured by the Federal Deposit 
Insurance Corporation ("FDIC"), deposited approximately $175,022 in PPP funds into MLG's 
business account, for which the Defendant was an authorized signatory. Id at 3. MLG's business 
bank account balance before receiving the PPP loan was approximately $188.89. Id 
Based on the record in this case, the total value of proceeds traceable to the offense of 
conviction is $175,022, which sum may be sought as a forfeiture money judgment pursuant to Rule 
32.2 of the Federal Rules of Criminal Procedure. 
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 irt the amount of $175,022 is hereby entered 
against the Defendant. 
2. 
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)(l)(B) of the Federal Rules of Criminal Procedure and 21 U.S.C. § 853(m). 
3. 
Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Order 
is final as to the Defendant. 
4. 
The Court shall retain jurisdiction in this matter for the purpose of enforcing this 
Order, and pursuant to Rule 32.2(e)(l) of the Federal Rules of Criminal Procedure, shall amend 
3 
Case 0:21-cr-60293-WPD   Document 22   Entered on FLSD Docket 03/15/2022   Page 3 of 4

this Order, or enter other orders as necessary, to forfeit additional specific property when 
Copies furnished to: 
Counsel of Record 
4 
Case 0:21-cr-60293-WPD   Document 22   Entered on FLSD Docket 03/15/2022   Page 4 of 4

File and source

File

gov.uscourts.flsd.602275.22.0.pdf

Size

89,046 bytes

SHA-256

05baa6181999cd67bdca2a2323c98ad4a3f83fc49c53063cbde1b428f51ff885

Our copy

gov.uscourts.flsd.602275.22.0.pdf

Original

PACER (login required)