frank fraley arrest docket

CLOSED, APPEAL, MJSELECTU.S. District Court

Eastern District of New York (Brooklyn)CRIMINAL DOCKET FOR CASE #: 1:92−cr−01087−EHN−2

Case title: USA v. ShyneMagistrate judge case number: 1:92−mj−01677

Date Filed: 10/08/1992Date Terminated: 01/28/1994

Assigned to: Senior−Judge EugeneH. Nickerson

Defendant (2)

Frank FraleyTERMINATED: 02/04/1994

represented byH P Fahringer110 East 59th. St.NYC, NY(212) 909−9670TERMINATED: 02/04/1994LEAD ATTORNEYATTORNEY TO BE NOTICEDDesignation: Retained

Michael P. PaddenFederal Defenders of New York, Inc.16 Court Street3rd FloorBrooklyn, NY 11201(718) 330−1240Fax: 718−855−0760Email: [email protected]: 02/04/1994LEAD ATTORNEYATTORNEY TO BE NOTICEDDesignation: Public Defender or CommunityDefender Appointment

Richard Ware LevittLaw Offices of Richard W. Levitt148 E. 78th StreetNew York, NY 10021212−737−0400Fax: 212−396−4152Email: [email protected]: 02/04/1994LEAD ATTORNEYATTORNEY TO BE NOTICEDDesignation: Retained

Pending Counts Disposition

18:287, 2 &3551 et seq. FALSECLAIMS &STATEMENTS(2)

Defendant sentenced to Count Two and is placed onprobation for a term of three (3) years.. Specialassessment: $50.00.

Highest Offense Level (Opening)

Felony

Terminated Counts Disposition

Case: 1:92-cr-01087-EHN As of: 12/27/2010 12:07 PM EST 1 of 4

mailto:[email protected]

mailto:[email protected]

18:286 &3551 et seq. FRAUD,CONSPIRACY TO DEFRAUD,OTHER: KNOWINGLY ANDWILFULLY AGREED TODEFRAUD THE INTERNALREVENUE SERVICE BYFRAUDULENT CLAIMS.(1)

By Government' motion, Count One (1) isdismissed.

Highest Offense Level(Terminated)

Felony

Complaints Disposition

None

Plaintiff

USA represented byPeter M. KayeUnited States Attorney's OfficeCriminal DivisionOne Pierrepont PlazaBrooklyn, NY 11201(718) 254−7000LEAD ATTORNEYATTORNEY TO BE NOTICED

Date Filed # Docket Text

09/14/1992 ARREST of Douglas Shyne, Frank Fraley. [ 1:92−m −1677 ] (Drayton, Lorraine)Modified on 09/21/1992 (Entered: 09/21/1992)

09/14/1992 1 COMPLAINT as to Douglas Shyne, Frank Fraley. [ 1:92−m −1677 ] (Drayton,Lorraine) Modified on 09/21/1992 (Entered: 09/21/1992)

09/14/1992 Magistrate Arraignment as to Frank Fraley held Before Mag Carter on 9/14/92.Deft in custody. AUSA Miriam Miquelon present. Cja Counsel Stuart Rubinpresent. Preliminary hearing present. Deft released on a $75,000.00 PRB. Tape#92/54(4363−4891). (Defendant informed of rights.) [ 1:92−m −1677 ] (Drayton,Lorraine) (Entered: 09/21/1992)

09/14/1992 3 PRB BOND entered by Frank Fraley in Amount $ 200,000.00. Travel restricted toEDNY &SDNY; Report to Pretrial Services once per week. ( Signed by MagistrateZachary Carter , dated 9/14/92) [ 1:92−m −1677 ] (Drayton, Lorraine) (Entered:09/21/1992)

09/14/1992 Added for Frank Fraley Attorney Michael Padden [ 1:92−m −1677 ] (Drayton,Lorraine) (Entered: 09/22/1992)

09/14/1992 Added Government Attorney Miriam F. Miquelon [ 1:92−m −1677 ] (Drayton,Lorraine) (Entered: 09/22/1992)

10/08/1992 5 INDICTMENT as to Douglas Shyne (1) count(s) 1, 2, Frank Fraley (2) count(s) 1,2 (Johnson, Lorraine) (Entered: 10/14/1992)

10/08/1992 6 CALENDAR ENTRY as to Douglas Shyne, Frank Fraley ; Case called beforeMagistrate Allyne R. Ross on date of 10/8/92 for Grand Jury Indictment (Johnson,Lorraine) (Entered: 10/14/1992)

10/08/1992 Magistrate Carter has been selected by random selection to handle any matters thatmay be referred in this case. (Johnson, Lorraine) (Entered: 10/14/1992)

10/16/1992 7 CALENDAR ENTRY as to Douglas Shyne, Frank Fraley ; Case called beforeJudge Eugene H. Nickerson on date of 10/16/92 for pleading Court Reporter/ESR


Silva, AUSA M.Miquelon, Not Guilty: Douglas Shyne (1) count(s) 1, 2, FrankFraley (2) count(s) 1, 2 , s status conference for 11/6/92 for Douglas Shyne, forFrank Fraley (Johnson, Lorraine) (Entered: 10/23/1992)

10/22/1992 8 NOTICE of Appearance for Douglas Shyne, Frank Fraley by Attorney H PFahringer (Johnson, Lorraine) (Entered: 10/23/1992)

10/22/1992 9 ORDER dated 10/16/92 XT Start date 10/16/92 &Stop Date 11/6/92 as to DouglasShyne, Frank Fraley ( Signed by Judge Eugene H. Nickerson , dated: 10/16/92)(Johnson, Lorraine) (Entered: 10/23/1992)

10/22/1992 10 (COPY) of letter to defendants Fraley &Shyne from Rhonda Greene (Grand JuryClerk) dated 10/9/92, you are required to plead to an Indictment on 10/16/92 at10:00 A.M., failure to do so will result in a warrant for arrest. (Johnson, Lorraine)(Entered: 10/23/1992)

11/20/1992 11 ORDER dated 11/13/92 XT Start Date 11/13/92 &Stop Date 11/20/92 as toDouglas Shyne, Frank Fraley ( Signed by Magistrate Joan M. Azrack , dated:11/13/92) (Johnson, Lorraine) (Entered: 11/20/1992)

11/20/1992 13 CALENDAR ENTRY as to Douglas Shyne, Frank Fraley ; Case called beforeJudge Eugene H. Nickerson on date of 11/20/92 for conference. CourtReporter/ESR Jeff. AUSA M. Miquelon. Case adjourned to 12/18/92 at 10:00.(Yuen, Sui May) (Entered: 12/15/1992)

11/24/1992 12 ORDER as to Douglas Shyne, Frank Fraley excludable time from 11/20/92 to12/18/92. ( Signed by Judge Eugene H. Nickerson , dated: 11/20/92) (Yuen, SuiMay) (Entered: 11/24/1992)

12/18/1992 14 CALENDAR ENTRY as to Douglas Shyne, Frank Fraley ; Case called beforeJudge Eugene H. Nickerson on date of 12/18/92 for pretrial conference. CourtReporter H.LeGendre, AUSA M.Best., r status conference for 10:00 1/22/93 forDouglas Shyne. Defendant Fraley referred to Mag, Carter for plea. (Johnson,Lorraine) (Entered: 12/23/1992)

12/18/1992 Magistrate Carter has been selected by random selection to handle any matters thatmay be referred in this case. (Johnson, Lorraine) (Entered: 12/23/1992)

01/08/1993 16 CALENDAR ENTRY as to Frank Fraley ; Case called before Magistrate JudgeZachary Carter on date of 1/8/93 for pleading. Court Reporter H.LeGendre, AUSAM. Miquelon., Guilty: Frank Fraley (2) count(s) 2. Defendant present (on bail)appears with counsel. (Johnson, Lorraine) (Entered: 01/14/1993)

01/08/1993 Allocution as to Frank Fraley held (Johnson, Lorraine) (Entered: 01/14/1993)

01/14/1993 17 NOTICE of Appearance for Frank Fraley by Attorney Richard Ware Levitt.(Johnson, Lorraine) (Entered: 01/14/1993)

01/14/1993 18 ORDER REFERRING CASE dated 12/18/92 as to Frank Fraley to MagistrateZachary Carter to administer the allocution ( Signed by Judge Eugene H.Nickerson , dated: 12.18.92) (Greene, Donna) (Entered: 02/10/1993)

05/06/1993 27 LTR. to EHN from Richard W. Levitt,Esq., dated 4/30/93. Confirming sentencinghas been adjourned to 5/28/93 for defendant Frank Fraley. (Johnson, Lorraine)(Entered: 05/06/1993)

05/06/1993 Deadline updated as to Frank Fraley, r Sentencing for 11:00 5/28/93 for FrankFraley. (Johnson, Lorraine) (Entered: 05/06/1993)

06/04/1993 28 LTR. to EHN from Richard Ware Levitt dated 5/28/93. Confirming sentencing hasbeen adjourned until 6/25/93 @ 11:00 A.M.. (Johnson, Lorraine) (Entered:06/04/1993)

06/04/1993 Deadline updated as to Frank Fraley, r Sentencing for 11:00 6/25/93 for FrankFraley. (Johnson, Lorraine) (Entered: 06/04/1993)

09/15/1993 30 Sealed letter dtd 9−8−93 filed. (Glenn, Marilyn) (Entered: 09/15/1993)


09/15/1993 Added Government Attorney Peter M. Kaye. (Glenn, Marilyn) (Entered:09/15/1993)

11/04/1993 31 ORDER as to Frank Fraley, reset Sentencing for 11:00 12/3/93 for Frank Fraleybefore Judge Eugene H. Nickerson ( Signed by Judge Eugene H. Nickerson , dated:11/3/93) (endorsed on letter dated 11/3/93 from Peter Kaye to Judge Nickerson)(Dobkin, David) (Entered: 11/04/1993)

11/23/1993 33 LTR. to EHN from Peter M. Kaye dated 11/18/93. Requesting that sentencing beadjourned from 12/3/93 to 12/17/93 @ 11:00 A.M. for defendant Fraley. (Johnson,Lorraine) (Entered: 11/23/1993)

12/14/1993 34 LTR. to EHN from Peter M. Kaye dated 12/10/93 requesting that sentencing ofdefendant Fraley be adjourned from 12/17/93 to 1/28/94 @ 11:00 A.M. on consent.(Johnson, Lorraine) (Entered: 12/14/1993)

12/14/1993 Deadline updated as to Frank Fraley, Sentencing for 11:00 1/28/94 before JudgeEugene H. Nickerson. (Johnson, Lorraine) (Entered: 12/14/1993)

01/28/1994 40 CALENDAR ENTRY as to Frank Fraley ; Case called before Judge Eugene H.Nickerson on date of 1/28/94 for sentencing.ESR Mark Gjelaj. AUSA Peter Kaye.Defense counsel: Richard Levitt. Case called. Sentence: 3 years probation. $50.00special assessment. Open counts dismissed on govt's motion. (Dobkin, David)(Entered: 02/03/1994)

01/28/1994 Sentencing held Frank Fraley (2) count(s) 2 before Judge Nickerson on January 28,1994. (Asreen, Wendy) (Entered: 02/04/1994)

01/28/1994 DISMISSAL of Count(s) on Government Motion as to Frank Fraley Terminatedmotions: Counts Dismissed: Frank Fraley (2) count(s) 1 (Asreen, Wendy) (Entered:02/04/1994)

02/04/1994 CASE NO LONGER REFERRED TO Magistrate Zachary Carter (Lui, Lin)(Entered: 06/15/1995)

02/04/1994 41 JUDGMENT Frank Fraley (2) count(s) 2. Defendant sentenced to Count Two andis placed on probation for a term of three (3) years. Special assessment: $50.00. (Signed by Judge Eugene H. Nickerson , Dated 01/31/94) (Asreen, Wendy)(Entered: 02/04/1994)

02/14/1994 42 Letter ordered sealed &placed in Vault. (Greves, Liz) (Entered: 02/14/1994)

04/08/1994 47 CALENDAR ENTRY as to Frank Fraley ; Case called before Judge Eugene H.Nickerson on date of 4/8/94 for Conference AUSA Peter Kaye; Defense Counsel,Richard Levitt; Court Reporter/ESR Roseann Guzzi. Case called for clarification ofthe terms of dft's probation. Dft is directed to (1) disclose to all of his clients thathe is on probation for tax violations; (2) dft's name and social security numbermust appear on all tax returns he prepares (3) dft must provide a list of clients nameand phone numbers to Govt; (Piper, Francine) (Entered: 04/18/1994)

06/09/1994 49 USCA Order filed on 6/7/94 the case is reinstated fr the purpose of receiving andfiling the said stipulation, the stipulation is so ordered as of this date, and theappeal is withdrawn. Judge notified. Ackn mailed. USCA # 94−1048. (Gonzalez,Mary) (Entered: 06/09/1994)

11/10/1998 66 LETTER dated 11.7.98 from Douglas Shyne to Judge Nickerson writing regardinghis supervised release violation. (Hunter, Tara) (Entered: 11/12/1998)


United States Attorney Southern District of New York

FOR IMMEDIATE RELEASE CONTACT: U.S. ATTORNEY'S OFFICEApril 28, 2006 HERBERT HADAD, MEGAN GAFFNEY

HEATHER TASKER, BRIDGET KELLYPUBLIC INFORMATION OFFICE(212) 637-2600

U.S. ANNOUNCES ARREST OF U.S. TRACK STAR TIMOTHYMONTGOMERY, HIS TRACK COACH, AND 13 OTHERS IN MASSIVE

BANK FRAUD AND MONEY LAUNDERING SCHEME

MICHAEL J. GARCIA, the United States Attorney for theSouthern District of New York, and MARTIN D. FICKE, Special Agent-in-Charge of the New York office of U.S. Immigration and CustomsEnforcement, announced the arrest today of TIMOTHY MONTGOMERY, theformer Olympic gold medalist and world-record holding sprinter, inconnection with a multi-million dollar bank fraud and moneylaundering scheme.

The arrest today arose out of a long-term investigation,in which a grand jury already has charged at least ten otherdefendants, including MONTGOMERY’s track coach, 1976 Olympic goldmedalist, STEVEN RIDDICK. Three other individuals, CHRISTINERICHARDSON, CYNTHIA MONTGOMERY, and EVANS POINDEXTER, already havepleaded guilty in connection with the bank fraud and moneylaundering scheme.

TIMOTHY MONTGOMERY is added as a defendant to an theIndictment unsealed today, joining previously charged defendantsDOUGLAS SHYNE, NATASHA SINGH, a/k/a “Beatris Rodrigues,” NATHANIELSHYNE, TOYBE BENNETT, a/k/a “Dmitriy Makarevich,” a/k/a “DmitriyMakervish,” a/k/a “Eduardo Rodrigues,” a/k/a “Cecilio Pena,”ROBERTO MONTGOMERY, EPHRAIM RICHARDSON, NARESH PITAMBAR, JASONWATLER, STEVEN RIDDICK, and NATHANIEL ALEXANDER. All thedefendants are charged with participating in a conspiracy todefraud numerous banks by depositing into accounts at those banksstolen, altered and counterfeit checks, as well as proceeds fromsuch checks, and to then launder the proceeds from these checksthrough their various accounts.

The Indictment charges that DOUGLAS SHYNE and NATASHASINGH resided together as common-law husband and wife, and jointlyowned at least two businesses, Douglas New York Five Star Coffee,

2

and New York Café Lounge, through which they laundered fraudulentlyobtained checks and proceeds of same.

According to the Indictment, the defendants procuredfraudulent checks in at least the following ways: First, DOUGLASSHYNE, NATASHA SINGH, and their co-conspirators received stolenchecks and arranged for such checks to be cashed. Second, DOUGLASSHYNE, NATASHA SINGH, and their co-conspirators altered checks thatthey had legitimately received, either made out to them personallyor to their businesses, by listing a different payee’s name and adifferent payment amount, and then arranged for such altered checksto be deposited into an account bearing the new payee’s name.Third, DOUGLAS SHYNE, NATASHA SINGH, and their co-conspiratorsreceived copies of checks that had been processed by associatesemployed at certain banks, including Wachovia Bank, and used thosecheck copies to create counterfeit checks, retaining the bankaccount information and signature on the check copies, but alteringthe payee’s name, payment amount, and/or check number, and thenarranged for such counterfeit checks to be deposited into anaccount bearing the new payee’s name.

The defendants cashed or attempted to cash the stolen,altered and counterfeit checks in at least the following ways: (1)DOUGLAS SHYNE and NATASHA SINGH deposited the checks into theirbusiness bank accounts or into NATASHA SINGH’s personal bankaccounts; (2) DOUGLAS SHYNE and NATASHA SINGH and their co-conspirators unlawfully obtained the identification information ofother individuals, without the consent or authorization of thoseindividuals, used that information to open accounts at variousbanks, and then deposited the checks into such accounts; and (3)DOUGLAS SHYNE and NATASHA SINGH arranged for fraudulently obtainedchecks to be deposited into the bank accounts of their co-conspirators, who would then, in turn, funnel proceeds of suchchecks back to DOUGLAS SHYNE and NATASHA SINGH, minus a commission.

The Indictment charges that DOUGLAS SHYNE, NATASHA SINGH,and their co-conspirators stole, altered and/or counterfeited atleast approximately twenty checks, in the total aggregate amount ofwell over $5 million.

Included amongst those checks are at least sevenfraudulently obtained checks, in the total aggregate amount ofapproximately $2,485,000, which were sent by DOUGLAS SHYNE, NATASHASINGH, and TOYBE BENNETT in the New York area to TIMOTHYMONTGOMERY, STEVEN RIDDICK, and NATHANIEL ALEXANDER in the Norfolk,Virginia area, to be deposited into accounts associated with them.According to the Indictment, STEVEN RIDDICK caused at least threechecks totaling $905,000 to be deposited into accounts associatedwith him; NATHANIEL ALEXANDER caused at least two checks totaling

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$1,000,000 to be deposited into accounts associated with him; andTIMOTHY MONTGOMERY caused at least three checks totaling $775,000to be deposited into accounts associated with him. Of thesechecks, only a $375,000 check deposited into STEVEN RIDDICK’sbusiness account cleared. Following the deposit of that check,RIDDICK issued checks to certain co-conspirators, including ROBERTOMONTGOMERY, EPHRAIM RICHARDSON, NARESH PITAMBAR, JASON WATLER, whoin turn, funneled proceeds back to DOUGLAS SHYNE and NATASHA SINGH.In addition, the Indictment charges that TIMOTHY MONTGOMERYreceived a $20,000 check from RIDDICK as a fee for brokering thetransaction.

The Indictment charges one count of bank fraud conspiracyagainst all of the defendants, nine counts of substantive bankfraud, each naming certain of the defendants, and three counts ofmoney laundering conspiracy, each naming certain of the defendants.The Indictment further charges TOYBE BENNETT and ROBERTO MONTGOMERYwith one count of conspiracy to transport stolen goods ininterstate commerce based upon their purchase of at least threevehicles in Florida with a counterfeit check. In addition, theIndictment charges NATASHA SINGH with a count of naturalizationfraud, based upon false statements she made in her application forU.S. citizenship. Finally, the Indictment contains a forfeitureallegation against DOUGLAS SHYNE and NATASHA SINGH for theforfeiture of property or proceeds derived from the fraudulentactivity charged in the Indictment.

TIMOTHY MONTGOMERY will appear for presentment today inthe Eastern District of Virginia, Norfolk Division, at a time to beset by the Court. TIMOTHY MONTGOMERY is scheduled to make hisinitial appearance before Judge KARAS on Wednesday, May 3, 2006, ata time to be set by the Court.

Mr. GARCIA praised the investigative efforts of U.S.Immigration and Customs Enforcement. Mr. GARCIA also stated thatthe investigation is continuing.

Assistant United States Attorney E. DANYA PERRY is incharge of the prosecution.

The charges contained in the Indictment filed against thedefendants are merely accusations, and the defendants are presumedinnocent unless and until proven guilty.

06-059 ###

United States AttorneySouthern District of New York

FOR IMMEDIATE RELEASE CONTACT: U.S. ATTORNEY'S OFFICEJune 5, 2009 YUSILL SCRIBNER,

REBEKAH CARMICHAELJANICE OHPUBLIC INFORMATION OFFICE(212) 637-2600

RINGLEADER OF CHECK FRAUD SCHEMESENTENCED TO 140 MONTHS IN PRISON

LEV L. DASSIN, the Acting United States Attorney forthe Southern District of New York, announced that DOUGLAS SHYNEwas sentenced yesterday afternoon to 140 months in prison for hisrole as leader of a check fraud ring which had more than 25members. The sentence was imposed by United States DistrictJudge KENNETH M. KARAS in federal court in White Plains.

SHYNE, 46, of Brooklyn, New York, pleaded guilty beforeJudge KARAS on March 19, 2007, to thirteen counts of bank fraudand conspiracy to commit bank fraud, as well as conspiracy tolaunder money. Twenty-six other participants in this multi-statescheme to steal, alter, and counterfeit $8 million worth ofchecks have already been convicted. According to the evidenceestablished at three trials relating to the scheme (United Statesv. Steven Riddick, et al.; United States v. Luvenia Bartee, etal.; and United States v. Donna Tillman), as well as SHYNE'sadmissions in connection with his plea and sentencing:

SHYNE was the mastermind of the check fraud ring, whosemembers procured stolen, altered, or counterfeit checks in avariety of unlawful ways. The conspirators then laundered thefraudulent checks by, among other things, depositing them intothe bank accounts of willing participants or in accounts they hadestablished using stolen identities. A large share of theproceeds ultimately was funneled back to SHYNE through a complexseries of bank accounts.

Others convicted and sentenced in connection with thescheme include: TIMOTHY MONTGOMERY, an Olympic gold medalist andformer world record-holding sprinter; STEVEN RIDDICK, himself anOlympic gold medalist and track coach to MONTGOMERY and formerOlympic star MARION JONES-THOMPSON, as well as other world classathletes; CHARLES WELLS, a well-known sports agent for track andfield athletes; and NATHANIEL ALEXANDER, a prominent Norfolk,Virginia businessman and a friend and officemate of RIDDICK's.

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JONES-THOMPSON was convicted of making false statements to afederal agent in connection with their investigation of thisscheme, as well as for separately making false statements inconnection with the investigation into the activities of BALCOLABORATORIES, INC., in the Northern District of California.

RIDDICK, ALEXANDER, and JONES-THOMPSON were sentencedon January 11, 2008 to 63, 46, and 6 months in prison,respectively. WELLS was sentenced to 6 months of homeconfinement on February 27, 2008. MONTGOMERY was sentenced onMay 18, 2008 to 46 months in prison. DONNA TILLMAN, who wasconvicted of money laundering conspiracy and money laundering,will be the last related defendant to be sentenced, on September18, 2009 at 4:00 p.m. before United States District Judge LAURATAYLOR SWAIN.

In addition to the 140-month prison term, Judge KARASsentenced SHYNE to five years of supervised release and orderedhim to pay restitution in an amount to be set.

Mr. DASSIN praised the investigative work of theDepartment of Homeland Security's U.S. Immigration and CustomsEnforcement in this case.

Assistant United States Attorneys E. DANYA PERRY andDANIEL W. LEVY are in charge of the case.

09-176 ###

frank fraley arrest docket

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