Order granting 273 Motion for Order of Forfeiture as to Simmerer — USA v. Simmerer et al (Dkt. 274, M.D. Fla.)

Summary

Order of Forfeiture in United States of America v. Shawn Michael Simmerer, Case No. 6:24-cr-53-RBD-RMN, United States District Court for the Middle District of Florida, Orlando Division, Document 274 filed February 25, 2026. The Court grants the United States' Motion (Doc. 273) for an order of forfeiture in the amount of $344,300 and finds that the defendant obtained $344,300 in proceeds as a result of the wire fraud conspiracy, in violation of 18 U.S.C. § 1349, as charged in Count One of the Superseding Indictment. The order states that $194,000 of that amount is joint and several with the co-defendant, Seth Downes, and that the United States will not collect more than $344,300 from all defendants. It also permits the United States to seek substitute assets under 21 U.S.C. § 853(p).

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Case 6:24-cr-00053-RBD-RMN      Document 274     Filed 02/25/26   Page 1 of 2 PageID 3190




                        UNITED STATES DISTRICT COURT
                         MIDDLE DISTRICT OF FLORIDA
                             ORLANDO DIVISION

   UNITED STATES OF AMERICA

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

   SHAWN MICHAEL SIMMERER


                              ORDER OF FORFEITURE

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

  273) for entry of an Order of Forfeiture in the amount of $344,300, 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 $344,300 in proceeds as a result of the

  wire fraud conspiracy, 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. 273), 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 $344,300, of which $194,000 is joint and
Case 6:24-cr-00053-RBD-RMN      Document 274     Filed 02/25/26   Page 2 of 2 PageID 3191




  several with his co-defendant, Seth Downes. The United States will not collect

  more than $344,300 from all defendants.

        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 defendants’ property up to the $344,300 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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