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Unopposed Motion for an Order to Deposit Funds and Disburse — No. 6:21-cr-00098 (Dkt. 24, M.D. Fla.)

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Unopposed Motion for an Order to Deposit Funds and Disburse, Document 24 in Case No. 6:21-cr-98-ACC-GJK in the Middle District of Florida, Orlando Division, filed 08/10/21 by the Acting United States Attorney's Financial Litigation Unit jointly with the defendant. The parties ask the Court to direct the Clerk to accept the defendant's prejudgment payments and hold them in the Court Registry until a judgment of conviction and restitution order are entered, then apply them to restitution. Any surplus would go to other criminal monetary penalties, including the special assessment and fines, or to an outstanding forfeiture order under 28 U.S.C. 2041 and 2042, and any surplus accrued interest beyond all penalties would be remitted to the Crime Victims Fund. A certificate of service is dated August 10, 2021.

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“Unopposed Motion for an Order to Deposit Funds and Disburse — No. 6:21-cr-00098 (Dkt. 24, M.D. Fla.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/unopposed-motion-for-an-order-to-deposit-funds-and-disburse-no-6-21-cr-6fd5d79fe2/, SHA-256 f74e439d9040f4385d71da53956d9edeb1e98e65fef70bef2055b3d9836e1f1d.

Full text

Case 6:21-cr-00098-ACC-GJK Document 24 Filed 08/10/21 Page 1 of 3 PageID 109




                      UNITED STATES DISTRICT COURT
                       MIDDLE DISTRICT OF FLORIDA
                           ORLANDO DIVISION

UNITED STATES OF AMERICA

v.                                     Case No. 6:21-cr-98-ACC-GJK

JOHNSON W. EUSTACHE

                   UNOPPOSED MOTION FOR AN ORDER
                    TO DEPOSIT FUNDS AND DISBURSE

      The United States and Johnson W. Eustache request an order directing the

Clerk of Court to accept his prejudgment payments. The Clerk should hold these

funds in the Court Registry until a judgment of conviction and restitution order have

been entered and then apply the deposited funds toward his restitution. After

payment of restitution, any surplus funds should be applied to the defendant’s other

criminal monetary penalties, including special assessment and fines, or to the

defendant’s outstanding forfeiture order. See 28 U.S.C. §§ 2041, 2042.
Case 6:21-cr-00098-ACC-GJK Document 24 Filed 08/10/21 Page 2 of 3 PageID 110




      If the prejudgment payments accrue interest in an amount that exceeds all

criminal monetary penalties and forfeiture order, any surplus accrued interest should

be remitted to the Crime Victims Fund.

                                       Respectfully submitted,

                                       KARIN HOPPMANN
                                       Acting United States Attorney

                                By:    s/ Julie A. Simonsen
                                       JULIE A. SIMONSEN
                                       Assistant United States Attorney
                                       Florida Bar No. 70647
                                       Financial Litigation Unit/cll
                                       400 North Tampa Street, Suite 3200
                                       Tampa, FL 33602
                                       Telephone: (813) 274-6048
                                       Facsimile: (813) 274-6247
                                       E-Mail: FLUDocket.mailbox@usdoj.gov




                                          2
Case 6:21-cr-00098-ACC-GJK Document 24 Filed 08/10/21 Page 3 of 3 PageID 111




                              CERTIFICATE OF SERVICE

       I certify that on August 10, 2021, I electronically filed the foregoing with the

Clerk of Court by using the CM/ECF system, which will send a notice of electronic

filing to all parties of record.

                                         s/ Julie A. Simonsen
                                         JULIE A. SIMONSEN
                                         Assistant United States Attorney

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