Frank Amodeo, former CEO of Mirabilis Ventures Inc., can’t regain ownership of corporations he forfeited in a plea agreement for defrauding the U.S. government, the Eleventh Circuit ruled Feb. 21.
Amodeo pleaded guilty in a scheme to transfer his clients’ payroll taxes to his companies’ bank accounts instead of the IRS. In a plea agreement, he forfeited several assets including two shell corporations: AQMI Strategy Corporation and Nexia Strategy Corporation.
The district court canceled the forfeiture of the two corporations after victims of Amodeo’s scheme sued the corporations and the government said it wouldn’t defend the corporations in the suit.
Amodeo argued the district court lacked the authority to do this and that in partially vacating the final forfeiture his rights to the corporations had been restored.
Amodeo gave up his interest in the corporations when he was sentenced to prison and the district court entered the final forfeiture order, the U.S. Court of Appeals for the Eleventh Circuit said.
Amodeo couldn’t prove the district court’s decision to grant the motion caused him injury and his appeal should be dismissed, the court said.
Judges William Pryor, Robin S. Rosenbaum, and K. Michael Moore sat on the panel.
The case is U.S. v. Amodeo, 11th Cir., No. 15-12643, 2/21/19.