United States District Court, M.D. Florida, Tampa Division
ELIZABETH A. KOVACHEVICH UNITED STATES DISTRICT JUDGE.
cause is before the Court on:
Dkt. 2000 Motion for Early Termination of Supervised Release
Dkt. 2003 Response
Dkt. 2005 Notice Regarding Forfeiture Money Judgment
Gene A. Tyrrell, pro se, requests entry of an Order
granting early termination of supervised release.
jury trial which resulted in guilty verdict and a special
verdict of forfeiture (Dkts. 981, 989), Defendant Tyrrell was
sentenced on July 25, 2005 to a term of imprisonment of 136
months, concurrent, 36 months of supervised release,
concurrent, restitution of $10, 217, 307.95, a special
assessment fee of $1, 700.00, and a forfeiture money judgment
in the amount of $2, 500, 000.00. The restitution is joint
and several with co-Defendants Joseph Cuciniello, Anthony
Cuciniello and Robert Phillips. In the forfeiture money
judgment, the Court retained jurisdiction for the forfeiture
and disposition of substitute assets. (Dkt. 1100).
sentencing, Defendant Tyrrell objected to being held
accountable for the laundering of funds in the amount of the
overall conspiracy. Defendant Tyrrell's counsel asserted
that the Jury found that Defendant Tyrrell was accountable
for a loss amount of $2, 500, 000, which results in a 6 level
increase in the offense level, rather than the 9 level
increase reflected in the presented report. Probation
responded that the amount of money that Defendant Tyrrell
should personally forfeit is different from the amount of
funds for which Defendant Tyrrell is held accountable in
calculating the advisory guideline range. The Court overruled
Defendant Tyrrell's objection.
Court notes that the PSR states:
65. The defendant has provided a financial statement wherein
he listed minimal assets and many liabilities, including
approximately $50, 000 owed to the Internal Revenue Service.
As the defendant is facing a period of incarceration, and
there is a sizeable amount of restitution (monetary
forfeiture) to be paid in this case, there is no information
that the defendant would also have the ability to pay a fine
within the guideline range. Any additional financial
sanctions would detract from the defendant's ability to
pay restitution to the victims in this matter.
Dkt. 1998, p. 13.
Amended Judgment was entered on April 4, 2006. (Dkt. 1514).
Preliminary Order of Forfeiture for Substitute Assets was
entered as to Defendant Tyrrell on April 28, 2008. (Dkt.
1862). An Amended Preliminary Order of Forfeiture for
Substitute Assets was entered on August 26, 2010. (Dkt.
1923). Defendant Tyrrell moved to vacate and set aside the
Preliminary Order of Forfeiture for Substitute Assets and the
Amended Preliminary Order of Forfeiture for Substitute
Assets. (Dkt. 1927). The Court denied Defendant Tyrrell's
Motion. (Dkt. 1937).
interest of Teresa Tyrrell was in the substitute assets was
adjudicated. (Dkt. 1974). A Final Judgment of Forfeiture for
Woodbridge International, Inc. and ...