Order of Forfeiture — U.S. v. Evan Graves (M.D. Fla.)

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An Order of Forfeiture and Preliminary Order of Forfeiture for Direct Assets in United States of America v. Evan Graves, Case No. 2:23-cr-144-SPC-KCD, in the U.S. District Court for the Middle District of Florida, Fort Myers Division, entered February 29, 2024 as Document 28. It grants the United States' motion (Doc. 26) after the defendant was adjudicated guilty of the wire fraud scheme alleged in the Information. The Court finds the defendant obtained at least $1,355,600 in proceeds and purchased or funded five real property assets in Fort Myers, Florida, with those proceeds. It enters an order of forfeiture for $1,355,600, forfeits the five properties, allows substitute-asset forfeiture under 21 U.S.C. § 853(p) because the proceeds were dissipated, and makes the order final as to the defendant when entered.

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Case 2:23-cr-00144-SPC-KCD Document 28 Filed 02/29/24 Page 1 of 4 PageID 120




UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

UNITED STATES OF AMERICA

v.                                          CASE NO.: 2:23-cr-144-SPC-KCD

EVAN GRAVES
                                    /

      ORDER OF FOREFEITURE AND PRELIMINARY ORDER
            OF FORFEITURE FOR DIRECT ASSETS

      Before the Court is the United States’ Motion for Order of Forfeiture and

Preliminary Order of Forfeiture for Direct Assets filed per 18 U.S.C.

§981(a)(1)(C); 28 U.S.C. § 2461(c); Fed. R. Crim. P. 32.2(b)(2).    (Doc. 26).

Defendant has been adjudicated guilty of the wire fraud scheme alleged in the

Information. (Doc. 1; Doc. 14; Doc. 19).

      The Government’s forfeiture motion is threefold. First, it moves for an

order of forfeiture for $1,355,600.00, which is the sum Defendant obtained

because of the scheme.

      Second, it moves for a preliminary order of forfeiture for the following

five real property assets (hereinafter “Assets”) that Defendant purchased or

funded with the proceeds of the scheme:

         1. the real property located at 2973 Palm Beach Boulevard, Fort
            Myers, FL 33916, including all improvements thereon and
            appurtenances thereto, the legal description for which is as
            follows:
Case 2:23-cr-00144-SPC-KCD Document 28 Filed 02/29/24 Page 2 of 4 PageID 121




           Lot 9, Block 1, Frierson & Hendry’s Addition to East Fort Myers,
           according to the map or plat thereof as recorded in Plat Book 1,
           Page 60,       Public Records     of   Lee County, Florida.

           Parcel Number: 18-44-25-P1-02001.0090

        2. the real property located at 1751 Winkler Avenue, Fort Myers, FL
           33901, including all improvements thereon and appurtenances
           thereto, the legal description for which is as follows:

           Westerly 41.5 feet of Lot 16 and the Easterly 25 feet of Lot 17,
           Block 37, Palmlee Park, according to the map or plat thereof, as
           recorded in Plat Book 6, Page(s) 1, of the Public Records of Lee
           County, Florida.

           Parcel Number: 35-44-24-P2-00837.0160

        3. the real property located at 2646 Central Avenue, Fort Myers, FL
           33901, including all improvements thereon and appurtenances
           thereto, the legal description for which is as follows:

           Lots 1 and 2, Block D, Lovejoy Park, according to the plat thereof,
           as recorded in Plat Book 5, Page 26 of the Public Records of Lee
           County, Florida.

           Parcel Number: 24-44-24-P4-0160D.0010

        4. the real property located at 2328-2330 Victoria Avenue, Fort
           Myers, FL 33901, including all improvements thereon and
           appurtenances thereto, the legal description for which is as
           follows:

           Lot 8, Block 8, Stadlers Central Heights, according to the plat
           thereof as recorded in Plat Book 4, Page 64, Public Records of Lee
           County, Florida.

           Parcel Number: 24-44-24-P1-01108.0080

        5. the real property located at 2335 Victoria Avenue, Fort Myers, FL
           33901, including all improvements thereon and appurtenances



                                     2
Case 2:23-cr-00144-SPC-KCD Document 28 Filed 02/29/24 Page 3 of 4 PageID 122




            thereto,   the   legal   description   for   which    is   as   follows:

            Lot 17, Block 5, Stadlers Central Heights, according to the plat
            thereof as recorded in Plat Book 4, Page 64, Public Records of Lee
            County, Florida.

            Parcel Identification: 24-44-24-P1-01105.0170.

      Third, the Government requests that any order of forfeiture and

preliminary order of forfeiture for direct assets become final as to Defendant

at the time it is entered per the Plea Agreement (Doc. 5 at 7).

      After considering the Government’s papers against the record and

applicable law, the Court finds that Defendant obtained at least $1,355,600 in

proceeds because of his wire fraud scheme and purchased or funded the Assets

with the proceeds from the scheme.

      Accordingly, it is

      ORDERED:

      The United States’ Motion for Order of Forfeiture and Preliminary Order

of Forfeiture for Direct Assets (Doc. 26) is GRANTED.

      1. Defendant is liable for an order of forfeiture for $1,355,600. See 18

         U.S.C. § 981(a)(1)(C); 28 U.S.C. § 2461(c); Fed. R. Civ. P. 32.2(b)(2).

      2. Because Defendant dissipated the $1,355,600 in proceeds, the United

         States may seek, as a substitute asset forfeiture of any of Defendant’s

         property up to the value of $1,355,600. See 21 U.S.C. § 853(p); 28

         U.S.C. § 2461(c).


                                        3
Case 2:23-cr-00144-SPC-KCD Document 28 Filed 02/29/24 Page 4 of 4 PageID 123




     3. The Assets (identified above) are forfeited to the United States for

          disposition according to law. The net proceeds from the forfeiture and

          sale of the assets will be credited to and reduce the amount the United

          States is entitled to forfeit as substitute assets per 21 U.S.C. § 853(p).

          See 18 U.S.C. § 981(a)(1)(C); 28 U.S.C. § 2461(c); Fed. R. Civ. P.

          32.2(b)(2).

     4. This Order of Forfeiture and Preliminary Order of Forfeiture for

          Direct Assets will become final as to Defendant at the time it is

          entered.

     5. The Court retains 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 for

          any substitute assets that the United States may be entitled to seek

          up to the amount of the order of forfeiture.

     DONE AND ORDERED in Fort Myers, Florida on February 29, 2024.




Copies:      Suzanne C. Nebesky, AUSA
             Counsel of Record




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