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

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A Final Order of Forfeiture 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 November 26, 2024 as Document 80. It grants the United States' Motion for a Final Order of Forfeiture (Doc. 79) covering the Fort Myers real properties subject to the February 29, 2024 Preliminary Order of Forfeiture (Doc. 28). The order records that the Lee County Tax Collector and the City of Fort Myers filed claims, that the United States agreed to pay taxes due to the Tax Collector and settled with the City, that it will pay any superior IRS tax liens, and that one individual claimant withdrew. Clear title vests in the United States under 21 U.S.C. § 853(n)(7), subject to those recognized interests.

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Case 2:23-cr-00144-SPC-KCD Document 80 Filed 11/26/24 Page 1 of 4 PageID 546




                   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

                    FINAL ORDER OF FORFEITURE

      Before the court is the United States’ Motion for a Final order of

Forfeiture. (Doc. 79). The Government seeks a final order forfeiting the below

assets (hereinafter “Real Properties”), which were subject to the Court’s

February 29, 2024 Preliminary Order of Forfeiture. (Doc. 28). See 21 U.S.C. §

853(n)(7) and Rule 32.2(c)(2), Federal Rules of the Criminal Procedure.

          a.   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:
               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;
          b.   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;
Case 2:23-cr-00144-SPC-KCD Document 80 Filed 11/26/24 Page 2 of 4 PageID 547




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

(collectively, the “Real Properties”).

      The United States properly noticed the only parties known to have a

potential interest in the Real Properties, including the Lee County Tax

Collector, the City of Fort Myers, the Department of Treasury – Internal

Revenue Service (IRS), Fred Guyton, Silvercreek Realty Investments 2, LLC,

Auto-Owners Insurance Company, and Global Guaranteed Goods and Services

                                         2
Case 2:23-cr-00144-SPC-KCD Document 80 Filed 11/26/24 Page 3 of 4 PageID 548




d/b/a Global Construction. The only parties to file a timely petition or claim

were the Lee County Tax Collector (Doc. 38), the City of Fort Myers (Doc. 39)

and Kevin Graves (Doc. 68). The United States recognizes the claim of the Tax

Collector and has agreed to pay, from the remaining proceeds of the sale of the

real property (to the extent that there are sufficient proceeds after the

deduction of the United States’ expenses), the ad valorem real property taxes

and non-ad valorem assessments due and owing to the Lee County Tax

Collector. (Doc. 40). The United States and the City of Fort Myers entered

into a Stipulated Settlement Agreement, the terms of which are incorporated

by reference, which resolved the City’s interest. (Doc. 65-1). While the IRS did

not file a formal claim, the United States will pay any superior and outstanding

tax liens out of the proceeds from the sales of the Real Properties in accordance

with their priority under applicable state and federal laws. Kevin Graves has

withdrawn his claim. (Doc. 78).

      Other than the defendant, whose interest was previously forfeited to the

United States, Kevin Graves, whose claim was withdrawn, and the Lee County

Tax Collector, the City of Fort Myers and the IRS, whose interests have been

addressed, no other party have petitioned for the Real Properties, and the time

to do so has expired. The Court thus will forfeit all right, title, and interest in

the Real Properties to the Government.

      Accordingly, it is now

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Case 2:23-cr-00144-SPC-KCD Document 80 Filed 11/26/24 Page 4 of 4 PageID 549




     ORDERED:

     The United States’ Motion for Final Order of Forfeiture (Doc.79) is

GRANTED.

     1. Defendant’s interest in the Real Properties, listed herein are

        CONDEMNED and FORFEITED to the United States for

        disposition according to law and subject to 21 U.S.C. § 853(n)(7), and

        Federal Rule of Criminal Procedure 32.2(c)(2).

     2. Clear title to the Assets is now VESTED in the United States, subject

        to the recognized interests of the Lee County Tax Collector, the City

        of Fort Myers and the IRS, as detailed above.

     DONE and ORDERED in Fort Myers, Florida on November 26, 2024.




Copies furnished to:
Suzanne C. Nebesky, AUSA
Counsel of Record




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