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Home Source documents Court filing — No. 2:23-cr-00079 (Dkt. 94, M.D. Fla.)

Court filing — No. 2:23-cr-00079 (Dkt. 94, M.D. Fla.)

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Case 2:23-cr-00079-TPB-NPM Document 94 Filed 08/16/24 Page 1 of 7 PageID 333




                      UNITED STATES DISTRICT COURT
                       MIDDLE DISTRICT OF FLORIDA
                          FORT MYERS DIVISION

 UNITED STATES OF AMERICA

 v.                                            Case No. 2:23-cr-79-TPB-NPM

 TIMOTHY CRAIG JOLLOFF

                          UNITED STATES’ MOTION
                         FOR ORDER OF FORFEITURE

      The United States moves this Court, pursuant to 18 U.S.C. §§ 981(a)(1)(C),

982(a)(1), 982(a)(2)(A), 28 U.S.C. § 2461(c), and Fed. R. Crim. P. 32.2(b)(2), to enter

an order of forfeiture against the defendant in the amount of $3,403,265. 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 pertinent part, with a

wire fraud scheme, in violation of 18 U.S.C. §§ 1343 and 2 (Count Two), a bank

fraud scheme, in violation of 18 U.S.C. §§ 1344 and 2 (Count Thirteen), and illegal

monetary transactions, in violation of 18 U.S.C. §§ 1957 and 2 (Count Twenty-

Three). Doc. 27.

      2.     The Indictment also contained forfeiture allegations putting the

defendant on notice that, pursuant to 18 U.S.C. §§ 981(a)(1)(C), 982(a)(1),

982(a)(2)(A), and 28 U.S.C. § 2461(c), the United States would seek an order of
Case 2:23-cr-00079-TPB-NPM Document 94 Filed 08/16/24 Page 2 of 7 PageID 334




forfeiture in the amount of $3,403,265 representing the amount of proceeds obtained

from the wire fraud and bank fraud schemes, and/or the amount involved in the

illegal monetary transactions, as well as forfeiture of a 2019 GMC truck with Vehicle

Identification Number 1GTU9FEL9KZ402935.1 Id. at 20-21.

       B.     Finding of Guilt and Admissions Related to Forfeiture

       1.     The defendant pled guilty to Counts Two, Thirteen, and Twenty-three

of the Indictment. Doc. 83. The Court accepted the defendant’s plea and

adjudicated him guilty. Docs. 85, 87.

       2.     The defendant admitted in his Plea Agreement that in March of 2020,

the Coronavirus Aid, Relief, and Economic Security (CARES) Act was enacted to

provide emergency financial assistance to the millions of Americans who were

suffering the economic effects caused by the COVID-19 pandemic. Doc. 84 at 16.

One source of relief provided by the CARES Act was the authorization of forgivable

loans to small businesses for job retention and certain other expenses, through a

program referred to as the Paycheck Protection Program (PPP). Id. Another

source of relief was the Economic Injury Disaster Loan (EIDL) program, which was

a Small Business Administration program that provided low-interest financing to

small businesses affected by declared disasters. Id.

       The defendant purported to own and operate at least twelve businesses with


1
   The United States Secret Service administratively forfeited the GMC truck. The
defendant will receive credit towards his $3,403,265 order of forfeiture for the net proceeds
obtained from the sale of the GMC truck.
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his wife and co-defendant, Lisa Jolloff, and fraudulently sought PPP and EIDL loans

for those businesses. Id. at 18-19. In total, approximately $3,403,265 in

fraudulently obtained EIDL and PPP loan funds were deposited into accounts

controlled and maintained by the defendant and his co-defendant, Lisa Jolloff. Id.

at 23.

         3.    The defendant agreed in his Plea Agreement that, pursuant 18 U.S.C.

§§ 981(a)(1)(C), 982(a)(1), 982(a)(2)(A), and 28 U.S.C. § 2461(c), the United States

was entitled to, among other assets, an order of forfeiture in the amount of

$3,403,265, representing the proceeds he admits he jointly obtained with his co-

defendant from the wire fraud and bank fraud schemes. Doc. 84 at 6. The

defendant further agreed that as a result of his acts and omissions, the proceeds not

recovered by the United States through the forfeiture of the directly traceable assets

have been transferred to third parties and cannot be located by the United States

upon exercise of due diligence; therefore, the defendant agreed that, pursuant to 21

U.S.C. § 853(p), the United States is entitled to forfeit substitute assets up to the

amount of proceeds he obtained. Id. at 7. Moreover, the defendant agreed that the

order of forfeiture would be final upon entry. Id. at 8.

II.      Applicable Law

         A.    Applicable Forfeiture Statutes

         Forfeiture in this case is governed by 18 U.S.C. § 981(a)(1)(C), which provides

for the civil forfeiture of any property, real or personal, that constitutes or is derived

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from proceeds traceable to a violation of any offenses constituting “specified

unlawful activity” (as defined in section 1956(c)(7) of this title). "Specified unlawful

activity," as defined in 18 U.S.C. § 1956(c)(7)(D), includes a wire fraud scheme (18

U.S.C. § 1343). Pursuant to 28 U.S.C. § 2461(c), the United States is authorized to

forfeit this property criminally utilizing the procedures set forth in 21 U.S.C. § 853.

In addition forfeiture in this case is governed by 18 U.S.C. § 982(a)(2)(A), which

provides for the forfeiture of any property, real or personal, which constitutes or is

derived from proceeds traceable to a bank fraud scheme (18 U.S.C. § 1344).

         B.    Court’s Determination of Forfeiture

         Pursuant to Rule 32.2(b)(2), because the United States could not locate the

specific property constituting or derived from the proceeds the defendant obtained

from his wire fraud and bank schemes, the United States seeks an order of forfeiture

against the defendant in the amount of proceeds fhe obtained from his offenses.

Indeed, for cases in which a defendant no longer has the actual dollars or property

traceable to proceeds in his/her possession, or the government cannot locate those

assets, the obligation to forfeit simply takes the form of an order of forfeiture in favor

of the United States. See United States v. Padron, 527 F.3d 1156, 1161-62 (11th Cir.

2008).

         Here, the United States is entitled to an Order of Forfeiture against the

defendant for the entire amount of the wire fraud and bank fraud schemes, not just

the proceeds of the specific substantive count to which the defendant pled guilty.

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“When a scheme is charged, even though only certain substantive counts are proved,

the proceeds of the scheme are forfeitable.” United States v. Clark, 13-10034-CR, 2016

WL 361560, at *2 (S.D. Fla. 2016) (citing United States v. Hasson, 333 F.3d 1264,

1279–1280 (11th Cir. 2003)); see also United States v. Venturella, 585 F.3d 1013, 1015

(7th Cir. 2009) (forfeiture in fraud case “forfeiture is not limited to the amount of the

particular mailing but extends to the entire scheme”).

       Rule 32.2(b)(1) provides that the Court must determine the amount of money

that the defendant will be ordered to pay. The Court’s determination may be based

on evidence submitted by the parties and accepted by the Court as relevant and

reliable. Fed. R. Crim. P. 32.2(b)(1)(B). As the defendant has agreed, he jointly

obtained $3,403,265 in proceeds as a result of the fraud offenses. If the Court finds

that the defendant obtained at least $3,403,265 as a result of his wire fraud and bank

fraud schemes, and that he has dissipated those 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). Because he defendant obtained these funds jointly with

his co-defendant wife, Lisa Jolloff, the United States has agreed not to collect more

than $3,403,265, in total, from the defendant and co-defendant, Lisa Jolloff. Id. at

7.

III.   Conclusion

       For the reasons stated above, the United States requests that, pursuant to 18

U.S.C. §§ 981(a)(1)(C), 982(a)(1), 982(a)(2)(A), 28 U.S.C. § 2461(c), and Fed. R.

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Crim. P. 32.2(b)(2), the Court enter an order of forfeiture against the defendant in the

amount of $3,403,265, for which he will be held jointly liable with co-defendant, Lisa

Jolloff.

       The United States further requests that, because the $3,403,265 in proceeds

was mostly 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)

and/or 28 U.S.C. § 2461(c), forfeiture of any of the defendant’s property up to the

value of $3,403,265.

       As required by Rule 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)(B) and United States v. Kennedy, 201 F.3d 1324, 1326 (11th Cir. 2000).

       In accordance with Rule 32.2(b)(4) and the defendant’s Plea Agreement (Doc.

84 at 8), the United States asks that the order of forfeiture become final as to the

defendant at the time it is entered.

       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 order any




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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/Suzanne C. Nebesky
                                          SUZANNE C. NEBESKY
                                          Assistant United States Attorney
                                          Fla. Bar No. 59377
                                          400 N. Tampa Street, Suite 3200
                                          Tampa, Florida 33602
                                          Tel:   (813) 274 6000
                                          E-mail: suzanne.nebesky@usdoj.gov




                            CERTIFICATE OF SERVICE

       I hereby certify that on August 16, 2024, I electronically filed the foregoing

with the Clerk of the Court by using the CM/ECF system which will send a notice of

electronic filing to counsel of record.



                                          s/Suzanne C. Nebesky
                                          SUZANNE C. NEBESKY
                                          Assistant United States Attorney




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