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United States v. Tyrrell

United States District Court, M.D. Florida, Tampa Division

September 18, 2017

UNITED STATES OF AMERICA,
v.
GENE A. TYRRELL.

          ORDER

          ELIZABETH A. KOVACHEVICH UNITED STATES DISTRICT JUDGE.

         This 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

         Defendant Gene A. Tyrrell, pro se, requests entry of an Order granting early termination of supervised release.

         After a 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).

         At 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.

         The 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.

         An Amended Judgment was entered on April 4, 2006. (Dkt. 1514).

         A 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).

         The interest of Teresa Tyrrell was in the substitute assets was adjudicated. (Dkt. 1974). A Final Judgment of Forfeiture for Woodbridge International, Inc. and ...


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