Bay E. Ingram Charged in a Bill of Information Alleging a Federal Charge of Conspiracy to Commit Wire Fraud in Aftermath of BP Oil Spill

November 2, 2012

The Federal Bureau of Investigation on November 1, 2012 released the following:

“Covington Businessman Charged with Conspiracy to Commit Wire Fraud in Aftermath of BP Oil Spill

NEW ORLEANS— Bay E. Ingram, age 50, a resident of Covington, Louisiana, was charged today in a bill of information with conspiracy to commit wire fraud, announced U.S. Attorney Jim Letten.

According to court documents, the defendant Ingram was a businessman who owned and operated Southeast Recovery Group (SRG), a company which provided disaster relief services in the aftermath of the oil spill due to the sinking of the Deepwater Horizon rig in the Gulf of Mexico in April 2010.

In 2010, according to the bill of information, Ingram, through his company SRG, provided a helicopter that was supposed to be used for oil spill response by representatives of the St. Bernard Parish Sheriff’s Office and the Louisiana Department of Wildlife and Fisheries, and also assisted in the construction of helipads at the the Hopedale, Louisiana facility of British Petroleum p.l.c. (BP). In the case of both the helicopter and the helipads, Ingram, through his company SRG, acted as a “middleman” between the supplier of the helicopter and the companies responsible for the construction of the helipads, on the one hand; and BP, who was billed for cost of providing the goods and services, on the other hand.

The bill of information charges that Ingram arranged for the helicopter to be stationed at Hopedale from June through November 2010 but never had an agreement with BP to supply the helicopter after June 15, 2010. In an effort to get paid by BP, and to justify the amount of his unpaid invoices to BP totalling approximately $1.4 million, the bill of information charges that Ingram falsified and forged documents, including a contract between his company and his subcontractor company, which provided, equipped, and crewed the helicopter, as well as flight logs and flight manifests for the helicopter.

The bill of information also charges that Ingram caused the construction of five helipads at Hopedale at a cost of approximately $110,000. He then falsely represented to BP that his actual costs had been over $250,000, and he billed BP for, and was paid, $303,000.

It is further charged that throughout the period June 2010 and April 2011, Ingram’s suppliers repeatedly contacted Ingram in an effort to seek payment. Trying to dissuade his suppliers from contacting BP directly, Ingram created false and fictitious e-mails, some in the names of real persons and others in the name of a non-existent or fictitious person. For example, it is charged that Ingram sent e-mails purporting to have been sent by a fictitious person, “Jerry Aldini,” with a Yahoo e-mail address to various persons during the course of the scheme.

If he is convicted of the conspiracy charged against him, Ingram faces a maximum penalty of five years’ imprisonment, three years’ supervised release, a $250,000 fine, and a $100 special assessment.

U.S. Attorney Letten reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.

The case was investigated by special agents of the Federal Bureau of Investigation.

The case is being prosecuted by Assistant U.S. Attorneys Matt Chester and Eileen Gleason.”

Federal Wire Fraud Crimes – 18 U.S.C. 1343

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

Federal Mail Fraud Crimes

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


A Charlotte Federal Grand Jury Indicted Four in an Alleged $40 Million Ponzi Scheme

February 24, 2012

The Federal Bureau of Investigation (FBI) on February 23, 2012 released the following:

“Four Hedge Fund Managers Indicted in $40 Million Ponzi Scheme

Defendants Join Seven Others and CommunityONE Bank Charged in Connection with the Scheme

CHARLOTTE, NC—A federal grand jury sitting in Charlotte returned an indictment against Jonathan D. Davey, 47, of Newark, Ohio, Jeffrey M. Toft, 49, of Oviedo, Fla., Chad A. Sloat, 33, of Kansas City, Mo., and Michael J. Murphy, 51, of Deep Haven, Minn., on February 22, 2012, on four criminal charges relating to an investment fraud conspiracy, announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina.

Joining U.S. Attorney Tompkins in making today’s announcement are Chris Briese, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Jeannine A. Hammett, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation Division (IRS-CI).

According to the criminal indictment, the defendants operated “hedge funds” as part of a conspiracy that took in $40 million from victims for a Ponzi scheme operating under the name Black Diamond Capital Solutions (Black Diamond). The indictment alleges that the conspiracy lasted from about October 2007 through about April 2010. The indictment alleges that the defendants lied to get money from their victims by claiming, among other things, that they had done due diligence on Black Diamond and were operating legitimate hedge funds with significant safeguards, when in reality, neither claim was true. The indictment also alleges that, as Black Diamond began collapsing, the defendants and others created a new Ponzi scheme and with a separate Ponzi account that Davey administered. Thereafter, new victim money was deposited into the Ponzi account and used to make Ponzi payments to other victims and to fund the defendants’ lifestyles.

The indictment also charges Davey with tax evasion for claiming to the IRS on his 2008 tax return that $810,000 that Davey stole from victims was a “loan.” In reality, the indictment charges, Davey stole that $810,000, plus approximately $500,000 in 2009, from victims to build Davey’s personal mansion. Davey attempted to evade the taxes due and owing in 2008 by calling the money a “loan” from his investors to “Sovereign Grace, Inc.,” a Belizian corporation that Davey created as a diversion for his victims and the IRS.

The first charge against all four defendants, alleging conspiracy to commit securities fraud, carries a maximum sentence of five years’ imprisonment and a fine of up to $250,000. The second charge against all four defendants, alleging conspiracy to commit wire fraud, carries a maximum sentence of 20 years’ imprisonment and a fine of up to $250,000. The third charge against all four defendants, alleging a money laundering conspiracy, carries a maximum sentence of 20 years’ imprisonment and a fine of $250,000 or twice the amount of criminally derived proceeds. The final charge against Davey only, alleging tax evasion, carries a maximum sentence of five years’ imprisonment and a fine of up to $250,000.

The defendants will be making their initial appearances in U.S. District Court in the coming weeks.

This indictment follows a series of convictions and other charges in this matter. On December 16, 2010, Keith Simmons was convicted following a jury trial of securities fraud, wire fraud, and money laundering. Simmons is in custody awaiting sentencing.

On April 27, 2011, a criminal bill of information and a Deferred Prosecution Agreement were filed against CommunityONE Bank, N.A., for its failure to maintain an effective anti-money laundering program. As alleged in that bill of information, Simmons was a customer of CommunityONE, and used various accounts with the Bank in furtherance of the Ponzi scheme. However, as alleged in that bill of information, the Bank did not file any suspicious activity reports on Simmons, despite the hundreds of suspicious transactions that took place in his accounts.

Other defendants convicted in this case are set forth below. It should be noted that those defendants already sentenced had their sentences reduced by the Court to reflect their cooperation with the United States in its investigation and prosecution of others.

  • Bryan Keith Coats, 51, of Clayton, N.C., pled guilty on October 24, 2011, to conspiracy to commit securities fraud and money laundering conspiracy. Coats is awaiting sentencing.
  • Deanna Ray Salazar, 54, of Yucca Valley, Calif., pled guilty on December 7, 2010, to conspiracy to commit securities fraud and tax evasion. Salazar is awaiting sentencing.
  • Jeffrey M. Muyres, 36, of Matthews, N.C., pled guilty on May 17, 2011, to conspiracy to commit securities fraud and money laundering conspiracy. Muyres was sentenced to 23 months’ imprisonment by Chief Judge Robert Conrad, Jr., on January 18, 2012.
  • Roy E. Scarboro, 47, of Archdale, N.C., pled guilty on December 3, 2010, to securities fraud, money laundering, and making false statements to the FBI. Scarboro was sentenced to 26 months’ imprisonment by Chief Judge Robert Conrad, Jr., on May 4, 2011.
  • James D. Jordan, 49, of El Paso, Texas, pled guilty on September 14, 2010, to conspiracy to commit securities fraud. Jordan was sentenced to 18 months’ imprisonment by Chief Judge Robert Conrad, Jr., on June 29, 2011.
  • Stephen D. Lacy, 52, of Pawleys Island, S.C., pled guilty on December 9, 2010, to conspiracy to commit securities fraud. Lacy was sentenced to six months’ imprisonment by Chief Judge Robert Conrad, Jr., on May 4, 2011.

The details contained in this indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. The conviction or guilty plea of any other person is not evidence of the guilt of any of the defendants.

This matter is being prosecuted by Assistant United States Attorneys Kurt W. Meyers and Mark T. Odulio of the Western District of North Carolina, and the case against Jeffrey Muyres was prosecuted by Assistant United States Attorney Mark T. Odulio. The investigation is being handled by the FBI and the IRS.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

Federal Mail Fraud Crimes

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Attorney Michael Richard Bark Charged in a Bill of Information with Wire Fraud

August 22, 2011

The Federal Bureau of Investigation (FBI) on August 19, 2011 released the following:

“Gretna Attorney Charged with Wire Fraud of More Than $1.6 Million

NEW ORLEANS— MICHAEL RICHARD BARK, 57, a resident of Gretna, Louisiana, was charged in a one-count bill of information with wire fraud, announced U.S. Attorney Jim Letten.

According to the bill of information, BARK, in addition to his law practice, also actively sought investors for trading in “FOREX” futures. The term FOREX refers to the practice of purchasing foreign currencies and attempting to profit from the daily variable values of the foreign currencies versus the value of the U.S. dollar. Beginning sometime during November 2006 and continuing through February 2009, BARK devised a scheme to defraud while marketing FOREX investments by falsely representing to his clients that he invested their money in FOREX investments returning between twelve and thirty percent profit per month, thus increasing the value of their accounts exponentially. Instead of investing the funds as promised, BARK invested client funds in a variety of other business investments that were not authorized and that were without the knowledge of his clients, which resulted in a total loss of at least $1,605,942 to his clients.

If convicted, BARK faces a maximum term of imprisonment of 20 years, a $250,000 fine, as well as restitution to his victims.

U.S. Attorney Letten reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.

The case was investigated by agents of the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Carter K. D. Guice, Jr.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Steven Harold Loga Pled Guilty in Baton Rouge Federal Court to a Bill of Information Charging Him With Bank Fraud and Money Laundering

August 19, 2011

The Federal Bureau of Investigation (FBI) on August 18, 2011 released the following:

“Guilty Plea in Baton Rouge, Louisiana to Bank Fraud and Money Laundering

BATON ROUGE, LA— United States Attorney Donald J. Cazayoux, Jr., announced that STEVEN HAROLD LOGA, age 42, of Denham Springs, Louisiana, pled guilty today before Senior United States District Court Judge Frank J. Polozola to a two-count bill of information which charged him with bank fraud and money laundering.

According to the stipulated factual basis, LOGA owned and operated Warehouse Food Group, a Baton Rouge wholesaler which sold seafood to institutional food service companies. Between June 2008 and October 2008, LOGA defrauded Fidelity Bank by obtaining credit advances secured by fraudulent collateral. Fidelity Bank lost approximately $1,229,745 as a result of the scheme. Once LOGA collected the proceeds of the fraud, he then conducted various, substantial, financial transactions with the illegal proceeds at another local bank.

As a result of his guilty plea to bank fraud, LOGA faces a maximum sentence of a term of imprisonment of not more than 30 years, a $1,000,000 fine, or both, in addition to restitution in the amount of$1,229,745; as a result of his guilty plea to money laundering, LOGA faces a maximum sentence of a 10-year term of imprisonment, a fine of $250,000, or both. A sentencing date has not yet been set.

Donald J. Cazayoux, Jr., United States Attorney, stated, “This is another case which demonstrates our commitment to going after white collar criminals who seek to undermine our financial institutional systems. This plea is the result of the collaborative efforts of the IRS and FBI with our office, and we look forward to continuing these joint efforts to catch and punish fraudsters.”

Jim Lee, Special Agent in Charge, IRS-Criminal Investigation, stated, “IRS stands ready to partner with all law enforcement agencies to pursue individuals who commit bank fraud which can negatively impact our community and economy.”

David Welker, Special Agent in Charge, FBI-New Orleans Field Division, stated, “White-collar crimes such as this continue to erode the stability of our economy. The FBI will continue to collaborate with our law enforcement partners to identify, aggressively investigate, and bring to justice, those individuals that would defraud our financial institutions.”

This matter was investigated by special agents of the Internal Revenue Service – Criminal Investigations and the Federal Bureau of Investigation. The matter is being prosecuted by Assistant United States Attorney René I. Salomon.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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