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Motion for Order of Forfeiture by USA — USA v. Simmerer et al (Dkt. 272, M.D. Fla.)

Summary

United States' Motion for an Order of Forfeiture against defendant Seth Downes in United States of America v. Seth Downes, Case No. 6:24-cr-53-RBD-RMN (Document 272), Middle District of Florida, Orlando Division, filed February 23, 2026. The motion asks the court to order forfeiture of $194,000, described as proceeds from the conspiracy offense charged in Count One of the Superseding Indictment. It states that a jury found the defendant guilty on Counts One and Three, and that the United States introduced evidence that on or about July 2, 2020, the defendant and a co-conspirator obtained $194,000 from a false and fraudulent PPP loan application. A footnote states that the United States will not collect more than $344,300 from all defendants. The signature line reads s/Nicole M. Andrejko.

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“Motion for Order of Forfeiture by USA — USA v. Simmerer et al (Dkt. 272, M.D. Fla.).” Original at ecf.flmd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/motion-for-order-of-forfeiture-by-usa-usa-v-simmerer-et-al-dkt-272-m-d-069d91e5b8/, SHA-256 74009c8b8bde2bf29f30c10905becf590dcc6cd2e7d919301d0e66127729064b.

Full text

Case 6:24-cr-00053-RBD-RMN        Document 272    Filed 02/23/26    Page 1 of 5 PageID 3180




                        UNITED STATES DISTRICT COURT
                         MIDDLE DISTRICT OF FLORIDA
                             ORLANDO DIVISION

   UNITED STATES OF AMERICA

   v.                                              Case No. 6:24-cr-53-RBD-RMN

   SETH DOWNES

                           UNITED STATES’ MOTION
                         FOR AN ORDER OF FORFEITURE

        The United States moves this Court, pursuant to 18 U.S.C. § 981(a)(1)(C), 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 $194,000, representing the amount of

  proceeds the defendant obtained as a result of the conspiracy offense for which he is

  charged in Count One of the Superseding Indictment. In support thereof, the United

  States submits the following.

                              MEMORANDUM OF LAW

  I.    Statement of Facts

        A.     Allegations Against the Defendant

        1.      In pertinent part, the defendant was charged in a Superseding

  Indictment with conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349

  (Count One). Doc. 115.

        2.     The Superseding Indictment contained forfeiture allegations putting the

  defendant on notice that, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. §

  2461(c), the United States would forfeit any property constituting, or derived from
Case 6:24-cr-00053-RBD-RMN         Document 272      Filed 02/23/26   Page 2 of 5 PageID 3181




  proceeds the defendant obtained, directly or indirectly, as a result of such conspiracy.

  Id. at 14-15.

         B.       Findings of Guilt and Admissions Related to Forfeiture

         3.       A jury trial commenced, and at the conclusion of the trial, the jury

  found the defendant guilty on Counts One and Three of the Superseding Indictment.

  Docs. 237.

         C.       Relevant Facts Established at Trial

         4.       At trial, the United States introduced evidence that established that on

  or about July 2, 2020, the defendant and his co-conspirator committed wire fraud

  when they obtained $194,000 from a false and fraudulent PPP loan application,

  which was deposited into a bank account controlled by the defendant and his co-

  conspirator. See Government’s Trial Exhibits 3c, 3d, 7a, 7c, and Docs. 115 & 237.

  II.    Applicable Law

         A.       Forfeiture Statute

         The Court's authority to order forfeiture of property for a wire fraud

  conspiracy, in violation of 18 U.S.C. § 1349, is found in 18 U.S.C. § 981(a)(1)(C),

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

  constitutes or is derived from proceeds from any offense constituting "specified

  unlawful activity," or a conspiracy to commit such offense. The term “specified

  unlawful activity” includes offenses listed in 18 U.S.C. § 1961(1). 18 U.S.C. §

  1956(c)(7)(A). Specifically, 18 U.S.C. § 1961(1)(B) includes as an offense any act

                                               2
Case 6:24-cr-00053-RBD-RMN        Document 272       Filed 02/23/26    Page 3 of 5 PageID 3182




  which is indictable under 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.

         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 offenses, defendant’s the United States seeks an order of forfeiture

  against the defendant in the amount of proceeds 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).

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

  that the defendants will be ordered to pay. The Rule requires this be done as soon as

  practical after a verdict or finding of guilty, or after a plea of guilty is accepted. Fed. R.

  Crim. P. 32.2(b)(1)(A).

         The Court’s determination may be based on evidence already in the record, or

  any additional evidence submitted by the parties and accepted by the Court as relevant

  and reliable. Fed. R. Crim. P. 32.2(b)(1)(B). From the testimony and exhibits

  presented at trial, the United States established that the defendant obtained $194,000

  from his participation in the wire fraud conspiracy. If the Court finds that the

                                               3
Case 6:24-cr-00053-RBD-RMN          Document 272       Filed 02/23/26    Page 4 of 5 PageID 3183




  defendant obtained at least $194,000 as a result of his participation in the wire fraud

  conspiracy and that the defendant has dissipated those proceeds, see Defendant’s

  Presentence Investigation Report, Doc. 259 at ¶¶76-78 and Government’s Trial

  Exhibit 30b, 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).

  III.     Conclusion

           For the reasons stated above, the United States requests that the Court,

  pursuant to 18 U.S.C. § 981(a)(1)(C), 28 U.S.C. § 2461(c), and Fed. R. Crim. P.

  32.2(b)(2), enter an Order of Forfeiture against the defendant in the amount of

  $194,000. Any funds forfeited from Shawn Simmerer will not be applied to the

  defendant’s Order of Forfeiture until Shawn Simmerer’s Order of Forfeiture balance

  is $194,000. 1

           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, 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).




  1
      The United States will not collect more than $344,300 from all defendants.
                                                  4
Case 6:24-cr-00053-RBD-RMN       Document 272         Filed 02/23/26   Page 5 of 5 PageID 3184




        The United States further requests that the Court retain jurisdiction to enter

  any further order necessary for the forfeiture and disposition of such property.

                                                   Respectfully Submitted,

                                                   GREGORY W. KEHOE
                                                   United States Attorney


                                         By:       s/Nicole M. Andrejko_____________
                                                   NICOLE M. ANDREJKO
                                                   Assistant United States Attorney
                                                   Florida Bar No. 0820601
                                                   400 West Washington Street, Suite 3100
                                                   Orlando, Florida 32801
                                                   Telephone: (407) 648-7560
                                                   Facsimile: (407) 648-7643
                                                   E-Mail: Nicole.Andrejko@usdoj.gov



                               CERTIFICATE OF SERVICE

         I hereby certify that on February 23, 2026, I electronically filed the foregoing

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

   electronic filing to counsel of record.


                                                      s/Nicole M. Andrejko___________
                                                      NICOLE M. ANDREJKO
                                                      Assistant United States Attorney




                                               5


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