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Order granting 272 Motion for Order of Forfeiture as to Seth Downes — USA v. Simmerer et al (Dkt. 275, M.D. Fla.)

Summary

Order of Forfeiture in United States of America v. Seth Downes, Case No. 6:24-cr-53-RBD-RMN, United States District Court for the Middle District of Florida, Document 275 filed February 25, 2026. The Court grants the United States' Motion (Doc. 272) for an order of forfeiture in the amount of $194,000 under 18 U.S.C. § 981(a)(1)(C), finding that the defendant obtained $194,000 in proceeds from participation in the conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, as charged in Count One of the Superseding Indictment. The order states that funds forfeited from Shawn Simmerer will not be applied until Shawn Simmerer's balance is $194,000, and that the United States will not collect more than $344,300 from all co-conspirators. It also permits the United States to seek substitute assets under 21 U.S.C. § 853(p).

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Cite this document

“Order granting 272 Motion for Order of Forfeiture as to Seth Downes — USA v. Simmerer et al (Dkt. 275, M.D. Fla.).” Original at ecf.flmd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-granting-272-motion-for-order-of-forfeiture-as-to-seth-downes-us-872f99b5bd/, SHA-256 5c0c23b4c5de5228b690bb3211abbfa085fa4bb7b646c759aaf9547e47ac17ab.

Full text

Case 6:24-cr-00053-RBD-RMN      Document 275     Filed 02/25/26   Page 1 of 2 PageID 3192




                        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

                              ORDER OF FORFEITURE

        THIS CAUSE comes before the Court upon the United States' Motion (Doc.

  272) for entry of an Order of Forfeiture in the amount of $194,000, 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), which

  upon entry, shall be a final order of forfeiture as to the defendant.

        Being fully advised of the relevant facts, the Court finds the United States

  has established that the defendant obtained $194,000 in proceeds as a result of his

  participation in the conspiracy to commit wire fraud, in violation of 18 U.S.C. §

  1349, as charged in Count One of the Superseding Indictment.

        Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED that for

  good cause shown, the United States’ Motion (Doc. 272), is GRANTED.

        It is FURTHER ORDERED that, 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), the defendant shall be held liable

  for an order of forfeiture in the amount of $194,000.
Case 6:24-cr-00053-RBD-RMN      Document 275     Filed 02/25/26   Page 2 of 2 PageID 3193




        It is FURTHER ORDERED that 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. The United States will not collect more than

  $344,300 from all co-conspirators.

        It is FURTHER ORDERED that, the proceeds of the offense were

  transferred to third parties, and the United States cannot locate the proceeds upon

  the exercise of due diligence. Accordingly, under 21 U.S.C. § 853(p), the United

  States may seek, as a substitute asset in satisfaction of this judgment, forfeiture of

  any of the defendant’s property up to the $194,000 order of forfeiture. The court

  retains jurisdiction to enter any order necessary to the forfeiture and disposition

  of any substitute asset.

        DONE AND ORDERED in Chambers in Orlando, Florida, on February

  25, 2026.




  Copies to:
  Nicole M. Andrejko, AUSA
  Counsel of Record




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