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Years ago I was charged with a crime I didn’t commit. We found out the original business records were mysteriously “destroyed”. We filed a Motion to Dismiss. That Motion was denied and now we filed another Motion to Dismiss because my former fund committee member lied to the Grand Jury to get me charged. If … read more

Usually you will find me writing each week for the last few months about the criminal case that I endured many years ago. Today, I am writing because I reached out to an inmate a couple of weeks ago and he wrote me back. I shouldn’t be surprised that he wrote me back, I guess, … read more

We barely found out that the Motion to Dismiss due to the destruction of documents was denied when we learned that my former Fund III colleague and one of the Government’s cooperating witnesses that testified to the Grand Jury was charged with perjury. It was Scott and he immediately pled guilty. Scott was the only … read more

I was baffled why the Motion to Dismiss was denied. It was all so clear to me. The original business records were vital to the integrity of the case. I struggled. DENIED. DENIED. DENIED. The truth was denied. Assuming that we were going to trial, my defense attorney could have offered each Government witnesses’ own … read more

The reason that I was so upset at the disappearance of the original business records was varied. First, the importance of the records was that it showed the intent and mindset of the Fund III committee and its investors at the time of Fund III. Second, it was very important to find out when who … read more

I thought the Fund III records would be the central focus for my defense because the volume and thoroughness of the information that each investor had to commit to in order to be part of the Fund were substantial. The Receipt of the Offering Circular, Investor Questionnaire, Purchasers Representative Questionnaire, and Subscription Agreements had to … read more

It was a beautiful Saturday morning in the spring of 2005 and under normal circumstances, I would have been out with my three kids going to the park, setting up playdates, exploring and the like, but as hard as I tried nothing felt normal. I was a defendant in a criminal case that I had … read more

My criminal case had a ridiculous amount of information available to present at trial. A tidal wave of potential documents. I had organized about 22 banker’s boxes of information as the administrator of the Fund and that was just me. There were approximately 140 investors’ information, each of the committee members’ information and whatever the … read more

It was very early in the case. The plea deal I had been presented with when the charges were handed down was sitting squarely in front of me. I couldn’t make sense of it. Taking the plea deal meant I had to tell the truth, which I was doing. Taking the plea deal meant I … read more

One of the most puzzling issues that I had with the case was that I invested in the Fund that was the focus of the charges and I had my parents and a couple of close friends in this alleged scheme. That’s crazy. People don’t invest their own money and their closest family or friends’ … read more

I didn’t know what a “302” was. Like a lot of the case, I figured it out as we went along. My basic understanding is that an FBI 302 is a report generated from interviewing a potential witness. There was an agreement for “open discovery” between the defense and prosecution. Putting my naivety to work, … read more

One moment you are charged and very soon after comes the first plea deal. Simply, the prosecutor offers a guilty plea in return for a reduction of the severity of the charges, dismissal of charges and recommendations from the prosecutor regarding sentencing for the defendant or some other concession. What part of the crime can … read more

The Grand Jury handed down a true bill. I was officially indicted. It was hard for Dan to tell me I got charged. He knew how likely it was to happen, but Dan never took away my hope. He stopped just short of that. It was unspoken but a fundamental part of the trust and … read more

Brent Testifying In spite of being a target of a federal criminal investigation, Brent made a rare appearance testifying at the Grand Jury. He provided a very thorough presentation explaining that there was no diversion, no intent, no gain, etc.. and that all the investments made by the Fund committee were authorized. I remember hearing … read more

What little I understood about a prosecutor’s job was from casually watching movies or the local news. My elusive starting point for “who is a prosecutor” was that he/she was a person who conducted a thorough investigation and after all the facts were examined, decided whether to charge someone with a crime. That wasn’t quite … read more

I hired Dan as my legal representative to hopefully implore the Government to look at the facts and realize that I was not involved in a crime. Being a target began to permeate facets of my life and the investigation phase was now in play. I didn’t know how substantive the investigation had been to … read more

The day I got the call from the prosecutor, a letter stating the same information was waiting for me in my mailbox. It was the beginning of me no longer enjoying that short walk to see what was in the mailbox. First, I noticed the return address address, the United States Of America. I took … read more

I don’t know what to do, but I had to do something. The only person that truly would understand the bombshell that just happened was Brent. Brent had been the attorney for the fund I was working for which was now the subject of a federal criminal investigation. At the very least, Brent would care … read more

Leaning against the building that I might not be working in anymore and having just hung up from listening to a prosecutor, I felt like I was barely breathing. I had to have a reality check. My head bent down, I whispered aloud that a prosecutor had just called and told me that I was … read more

It all began with a simple call. I was sitting at my desk on the third floor of the bank building in downtown Raleigh, NC. I worked as a trust advisor in the bank’s trust department. I had been there for a few years. I was good at my job and liked it. The phone … read more