Amended Final Order of Forfeiture — United States v. Evan Graves (M.D. Fla., Dkt. 82, filed 12/30/24)
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An Amended 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 December 30, 2024 as Document 82. It grants the United States' Motion for an Amended Final Order of Forfeiture (Doc. 81) covering real properties subject to the February 29, 2024 Preliminary Order of Forfeiture (Doc. 28). It adds that because the defendant is the Registered Agent and Manager of Onestar Capital Properties, LLC, and Greenwood Park, LLC, those entities had actual notice of the forfeiture. It records the claims of the Lee County Tax Collector and the City of Fort Myers, the treatment of IRS liens and a withdrawn individual claim, and vests clear title in the United States under 21 U.S.C. § 853(n)(7). The judge named is Sheri Polster Chappell.
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Cite this document
“Amended Final Order of Forfeiture — United States v. Evan Graves (M.D. Fla., Dkt. 82, filed 12/30/24).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/forfeiture-no-2-23-cr-00144-dkt-82-m-d-fla-3c056014cf/
, SHA-256 0e2f12ade2806f6abf71adfa0b36071bb3a45092fec19423043d45d076f0e877.Full text
Case 2:23-cr-00144-SPC-KCD Document 82 Filed 12/30/24 Page 1 of 4 PageID 557
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
AMENDED FINAL ORDER OF
FORFEITURE
Before the court is the United States’ Motion for an Amended Final order
of Forfeiture. (Doc. 81). The Government seeks an amended 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
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Case 2:23-cr-00144-SPC-KCD Document 82 Filed 12/30/24 Page 2 of 4 PageID 558
recorded in Plat Book 6, Page(s) 1, of the Public Records of Lee
County, Florida.
Parcel Number: 35-44-24-P2-00837.0160;
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
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Case 2:23-cr-00144-SPC-KCD Document 82 Filed 12/30/24 Page 3 of 4 PageID 559
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
d/b/a Global Construction. Because the defendant, Evan Graves, is the
Registered Agent and Manager of Onestar Capital Properties, LLC, and
Greenwood Park, LLC, these entities had actual notice of the forfeiture of the
Real Properties. 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
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Case 2:23-cr-00144-SPC-KCD Document 82 Filed 12/30/24 Page 4 of 4 PageID 560
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
ORDERED:
The United States’ Motion for Amended Final Order of Forfeiture (Doc.
81) 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 December 30, 2024.
______________ ____________________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies furnished to:
Suzanne C. Nebesky, AUSA
Counsel of Record
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