in the circuit court of the eighth judicial circuit in...
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IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA
STATE OF FLORIDA ) )
Plaintiff, ) )
vs. ) CASE NO. 2006-CF-4064 )
KENNETH WAYNE MOON (A) ) OSWP NO. 2005-0271-NFB and ) STACEY LYNN MOON (B) ) And ) JAMES FALKENBURG (C) )
) Defendants. )
______________________________)
FIRST AMENDED INFORMATION
COUNTS: 1 Conspiracy – to sell securities without registering to (Def. B only) do so, F.S. § 777.04(3), 1° MM
COUNTS: 2 Conspiracy – to sell unregistered securities, F.S. §
(Def. B only) 777.04(3), 1° MM COUNTS: 3 Unregistered Seller of Securities, F.S. §§ 517.12
(Defs. A&C) and 517.302(1), and F.S. § 777.011, 3º F COUNTS: 4 Selling Unregistered Securities, F.S. §§ 517.07
(Defs. A&C) and 517.302(1), and F.S. § 777.011, 3º F COUNTS: 5 Investor Fraud – More than $50,000 and Five (Defs. A&C) or More Investors, F.S. §§ 517.301(1)(A)1.2.3.,
517.302(2), 517.312(1), and F.S. § 777.011, 1º F COUNTS: 6-14, 17-22, Money Laundering (Each Transaction Exceeding
(Defs. A&C) 24-30 $10,000), $20,000 or more but less than $100,000, F.S. §§ 896.101(3)(a) and (5)(b), and 896.103,
and F.S. § 777.011, 2°F
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COUNTS: 15-16, 23 Money Laundering (Each Transaction Exceeding (Defs. A&C) $10,000), $300 or more but less than $20,000, F.S. §§ 896.101(3)(a) and (5)(a), and 896.103,
and F.S. § 777.011, 3°F COUNTS: 31, 43, 64, Grand Theft – $100,000 or more, F.S. § 812.014(1) (Def. A. only) 67, 72, 74 and (2)(a), 1◦F
COUNTS: 32-33, 35-36, Grand Theft - $20,000 or more but less than (Def. A only) 38-42, 44-46, $100,000, F.S. § 812.014(1) and (2)(b), 2°F 48-51, 53-62, 66, 68-71, 73, 75 COUNTS: 34, 37, 47, 52, Grand Theft - $10,000 or more but less than
(Def. A only) 65 $20,000, F.S. § 812.014(1) and (2)(c)3., 3°F COUNTS: 63 Grand Theft - $5,000 or more but less than
(Def. A only) $10,000, F.S. § 812.014(1) and (2)(c)2., 3°F COUNTS: 76 Racketeering, F.S. § 895.03(3), 1°F
(Def. A only)
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COUNT 1 CONSPIRACY TO SELL SECURITIES
WITHOUT REGISTERING AS A SELLER
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about July 14,
2004 and on or about March 31, 2005, at least in part in Alachua County, Florida,
defendant STACEY LYNN MOON, did unlawfully and knowingly agree, combine,
conspire, and confederate with Kenneth Wayne Moon, an issuer and seller of securities,
to violate the laws of the State of Florida; to wit: the laws requiring an issuer offering for
sale or selling securities in or from a location in the State of Florida to first register to sell
securities with the Office of Financial Regulation, State of Florida, at all times relevant
hereto intending to offer for sale and/or sell, or intending that other participants in the
conspiracy offer for sale and/or sell, securities in the form of investment contracts in or
from a location in the State of Florida without first registering to sell securities with the
Office of Financial Regulation, State of Florida in violation of §§ 517.12 and 517.302(1),
Florida Statutes, and in furtherance of such conspiracy one, or the other, or both of the
conspirators, signed investment agreements with investors and/or received deposits of
cash or checks or wire transfers from investors into their bank account; all in violation of
the general conspiracy statute at § 777.04(3), Florida Statutes, a first degree
misdemeanor.
COUNT 2 CONSPIRACY TO SELL UNREGISTERED SECURITIES
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
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State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about July 14,
2004 and on or about March 31, 2005, at least in part in Alachua County, Florida,
defendant STACEY LYNN MOON, did unlawfully and knowingly agree, combine,
conspire, and confederate with Kenneth Wayne Moon, an issuer and seller of securities,
to violate the laws of the State of Florida; to wit: the laws requiring that securities
offered for sale or sold in the State of Florida be registered with the Office of Financial
Regulation, State of Florida, at all times relevant hereto intending to offer for sale and/or
sell, or intending that other participants in the conspiracy offer for sale and/or sell,
securities in the form of investment contracts in or from a location in the State of Florida
that were not registered with the Office of Financial Regulation, State of Florida in
violation of §§ 517..07 and 517.302(1), Florida Statutes, and in furtherance of such
conspiracy one, or the other, or both of the conspirators, signed investment agreements
with investors and/or received deposits of cash or checks or wire transfers from investors
into their bank account; all in violation of the general conspiracy statute at § 777.04(3),
Florida Statutes, a first degree misdemeanor.
COUNT 3
UNREGISTERED SELLER OF SECURITIES
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about July 1,
2003 and on or about January 31, 2006, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON, an issuer of securities, and defendant JAMES
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ALEXANDER FALKENBURG did willfully and knowingly sell securities in or from a
location in the State of Florida without having first registered to sell securities with the
Office of Financial Regulation, State of Florida, by offering for sale and/or selling
securities in the form of investment contracts to one or more of the following persons on
the approximate dates shown and for the approximate total investments shown:
The following transactions were committed by defendant Kenneth Wayne Moon. Approximate Approximate Total Dollars Name(s) Date Ranges_________ Investment(s) Perry J. Allen 10/01/2003-06/30/2005 $135,951 Linda and Lanny Baum 01/01/2005-11/30/2005 $ 40,000 (Richard C. Bevard, Karla Bevard, 08/01/2005-11/30/2005 $ 40,000 Marian Bevard, Carlitos Luna) ------------------------- --------- Kathy L. Blackwell 01/06/2006 $ 10,000 Patrick M. Cates, Vivian P. Cates 02/12/2005-09/01/2005 $ 63,000 (Austin D. Coose, Tawna K. Coose, 01/01/2005-06/30/2005 $ 70,000 Horace David Coose, and Douglas Gee)------------------------- ------- (Joseph M. Cremeans, Julie A.Long, 12/01/2005-12/31/05 $ 15,000 Patrick B. Cremeans (Smooth Moves ---------------------------- ------ Piano Movers) --------------------------- ------ Carlo E. Disieno 05/01/2005-11/30/2005 $ 40,000 Yvonne Dunkle 12/19/2005 $ 50,000 Warren E. Farren, Patricia Farren 04/01/2005-05/31/2005 $ 75,000 Raymon Gomez, Raquel Gomez 11/22/2005 $ 25,000 John T Guillerman 11/01/2005-12/31/2005 $ 45,000 John Harbet 02/01/2005-07/31/2005 $ 116,000 Donald L. Jacks 07/01/2005-10/31/2005 $ 94,000 James Karantzis 01/12/2006 $ 35,000 Sue Kearney 11/01/2005-01/31/2006 $ 30,000 Joseph B. Keen II 09/01/2005-11/30/2005 $ 12,600 Tania Kirschbaum 11/07/2005 $ 25,000 James R. Klein, Sandra Miller 12/17/2005 $ 25,000 Shane T. Law, Jill K. Law 05/01/2005-09/30/2005 $ 75,000 John Lugo, Kelly Hinkley 05/01/2005-05/31/2005 $ 40,000 Nelson F. Maurici 12/01/2004-12/31/2005 $ 13,000 Jeffrey L. McClanahan, Bonnie L. 12/01/2005-01/31/2006 $ 85,000 McClanahan, Patricia J. McClanahan) ------------------------ --------- Allan L. Murrhee 11/01/2004-09/30/2005 $ 90,000
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Luis Nunez, Joyce A. Nunez 10/07/2005 $ 30,000 Tommy Page 07/01/2005-07/31/2005 $ 40,000 Duane Palachuk, Gregory J. Palachuk12/01/2005-01/31/2006 $ 65,000 Frank Perez 11/10/2005 $ 25,000 Albert W. Rachel 07/01/2004–03/31/2005 $ 80,000 Donald Richards 12/21/2005 $ 30,000 (Tony Russon, Kim Russon 08/01/2005-01/31/2006 $ 70,000 Ve Nile Russon) ---------------------------- -------- Eric Schwarz 10/26/2005 $ 25,000 Jabu Sikhakhane 07/01/2005-12/31/2005 $ 8,000 Larry M. Smith 06/01/2005-01/31/2006 $ 130,000 Tami L. Soper 12/17/2005 $ 10,000 Robert Strickland, Bobby Snodgrass 12/01/2004-03/31/2005 $ 35,000 Jim Summers 08/01/2005-09/30/2005 $ 180,000 Jane Thompson 04/01/2004-09/30/2004 $ 20,000 Orlando Jack Velasquez 12/15/2005 $ 25,000 Errol G. Vestuto 11/01/2005-01/31/2006 $ 50,000 Elizabeth Victor, Ledona Noel 01/25/2006 $ 35,000 Robert S. Waite, Cynthia A. Waite 09/22/2005-11/04/2005 $ 100,000 Alfred O. Wallace 07/01/2003-09/30/2005 $ 41,500 (Thomas Watson, Lillian Beverly 07/01/2003-08/31/2005 $ 255,500 Corliss) ---------------------------- --------- Jacqueline Woodside 11/01/2005-12/31/2005 $ 20,000 The following transactions were aided and abetted, at least in part, by defendant James Alexander Falkenburg. Approximate Approximate Total Dollars Name(s) Date Ranges ______ Investment(s) (Richard C. Bevard, Karla Bevard, 08/01/2005-11/30/2005 $ 40,000 Marian Bevard, Carlitos Luna) ------------------------- --------- Patrick M. Cates, Vivian P. Cates 09/01/2005 $ 25,000 (Austin D. Coose, Tawna K. Coose, 01/28/2005 $ 30,000 Horace David Coose, and Douglas Gee)------------------------- -------- (Patrick B. Creameans re Smooth 12/12/05 $ 10,000 Moves Piano Movers) ---------------------------- ------ Yvonne Dunkle 12/19/2005 $ 50,000 Raymon Gomez, Raquel Gomez 11/22/2005 $ 25,000 John T. Guillerman 11/01/2005-12/31/2005 $ 45,000 James Karantzis 01/12/2006 $ 35,000 Sue Kearney 11/01/2005-01/31/2006 $ 30,000 Tania Kirschbaum 11/07/2005 $ 25,000 Shane T. Law, Jill K. Law 06/17/2005 $ 15,000
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Nelson F. Maurici 12/01/2005 $ 3,000 Jeffrey L. McClanahan, Bonnie L. 01/11/2006 $ 17,700 McClanahan) ------------------------ --------- Luis Nunez, Joyce A. Nunez 10/07/2005 $ 30,000 Duane Palachuk, Gregory J. Palachuk12/01/2005-01/31/2006 $ 65,000 Frank Perez 11/10/2005 $ 25,000 Albert W. Rachel 03/12/2005 $ 50,000 (Tony Russon, Kim Russon 01/01/2006-01/31/2006 $ 45,000 Ve Nile Russon) ---------------------------- -------- Eric Schwarz 10/26/2005 $ 25,000 Jim Summers 08/01/2005-09/30/2005 $ 180,000 Errol G. Vestuto 01/30/2006 $ 25,000 Elizabeth Victor, Ledona Noel 01/25/2006 $ 35,000 Robert S. Waite, Cynthia A. Waite 09/22/2005-11/04/2005 $ 100,000
all in violation of the Florida Securities and Investor Protection Act, §§ 517.12 and
517.302(1), Florida Statutes, a third degree felony, and § 777.01, Florida Statutes.
COUNT 4
SELLING UNREGISTERED SECURITY
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about July 1,
2003 and on or about January 31, 2006, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON, an issuer of securities, and defendant JAMES
ALEXANDER FALKENBURG did willfully and knowingly sell securities in or from a
location in the State of Florida which were not registered with the Office of Financial
Regulation, State of Florida, by offering for sale and/or selling unregistered securities in
the form of investment contracts to one or more of the following persons on the
approximate dates shown and for the approximate investments shown:
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The following transactions were committed by defendant Kenneth Wayne Moon. Approximate Approximate Total Dollars Name(s) Date Ranges Investment(s) Perry J. Allen 10/01/2003-06/30/2005 $135,951 Linda and Lanny Baum 01/01/2005-11/30/2005 $ 40,000 (Richard C. Bevard, Karla Bevard, 08/01/2005-11/30/2005 $ 40,000 Marian Bevard, Carlitos Luna) ------------------------- --------- Kathy L. Blackwell 01/06/2006 $ 10,000 Patrick M. Cates, Vivian P. Cates 02/12/2005-09/01/2005 $ 63,000 (Austin D. Coose, Tawna K. Coose, 01/01/2005-06/30/2005 $ 70,000 Horace David Coose, and Douglas Gee)------------------------- ------- (Joseph M. Cremeans, Julie A.Long, 12/01/2005-12/31/05 $ 15,000 Patrick B. Cremeans (Smooth Moves ---------------------------- ------ Piano Movers) --------------------------- ------ Carlo E. Disieno 05/01/2005-11/30/2005 $ 40,000 Yvonne Dunkle 12/19/2005 $ 50,000 Warren E. Farren, Patricia Farren 04/01/2005-05/31/2005 $ 75,000 Raymon Gomez, Raquel Gomez 11/22/2005 $ 25,000 John T. Guillerman 11/01/2005-12/31/2005 $ 45,000 John Harbet 02/01/2005-07/31/2005 $ 116,000 Donald L. Jacks 07/01/2005-10/31/2005 $ 94,000 James Karantzis 01/12/2006 $ 35,000 Sue Kearney 11/01/2005-01/31/2006 $ 30,000 Joseph B. Keen II 09/01/2005-11/30/2005 $ 12,600 Tania Kirschbaum 11/07/2005 $ 25,000 James R. Klein, Sandra Miller 12/17/2005 $ 25,000 Shane T. Law, Jill K. Law 05/01/2005-09/30/2005 $ 75,000 John Lugo, Kelly Hinkley 05/01/2005-05/31/2005 $ 40,000 Nelson F. Maurici 12/01/2004-12/31/2005 $ 13,000 Jeffrey L. McClanahan, Bonnie L. 12/01/2005-01/31/2006 $ 85,000 McClanahan, Patricia J. McClanahan) ------------------------ --------- Allan L. Murrhee 11/01/2004-09/30/2005 $ 90,000 Luis Nunez, Joyce A. Nunez 10/07/2005 $ 30,000 Tommy Page 07/01/2005-07/31/2005 $ 40,000 Duane Palachuk, Gregory J. Palachuk12/01/2005-01/31/2006 $ 65,000 Frank Perez 11/10/2005 $ 25,000 Albert W. Rachel 07/01/2004–03/31/2005 $ 80,000 Donald Richards 12/21/2005 $ 30,000 (Tony Russon, Kim Russon 08/01/2005-01/31/2006 $ 70,000 Ve Nile Russon) ---------------------------- -------- Eric Schwarz 10/26/2005 $ 25,000 Jabu Sikhakhane 07/01/2005-12/31/2005 $ 8,000
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Larry M. Smith 06/01/2005-01/31/2006 $ 130,000 Tami L. Soper 12/17/2005 $ 10,000 Robert Strickland, Bobby Snodgrass 12/01/2004-03/31/2005 $ 35,000 Jim Summers 08/01/2005-09/30/2005 $ 180,000 Jane Thompson 04/01/2004-09/30/2004 $ 20,000 Orlando Jack Velasquez 12/15/2005 $ 25,000 Errol G. Vestuto 11/01/2005-01/31/2006 $ 50,000 Elizabeth Victor, Ledona Noel 01/25/2006 $ 35,000 Robert S. Waite, Cynthia A. Waite 09/22/2005-11/04/2005 $ 100,000 Alfred O. Wallace 07/01/2003-09/30/2005 $ 41,500 (Thomas Watson, Lillian Beverly 07/01/2003-08/31/2005 $ 255,500 Corliss) ---------------------------- --------- Jacqueline Woodside 11/01/2005-12/31/2005 $ 20,000 The following transactions were aided and abetted, at least in part, by defendant James Alexander Falkenburg. Approximate Approximate Total Dollars Name(s) Date Ranges Investment(s) (Richard C. Bevard, Karla Bevard, 08/01/2005-11/30/2005 $ 40,000 Marian Bevard, Carlitos Luna) ------------------------- --------- Patrick M. Cates, Vivian P. Cates 09/01/2005 $ 25,000 (Austin D. Coose, Tawna K. Coose, 01/28/2005 $ 30,000 Horace David Coose, and Douglas Gee)------------------------- ------- (Patrick B. Creameans re Smooth 12/12/05 $ 10,000 Moves Piano Movers) ---------------------------- ------ Yvonne Dunkle 12/19/2005 $ 50,000 Raymon Gomez, Raquel Gomez 11/22/2005 $ 25,000 John T. Guillerman 11/01/2005-12/31/2005 $ 45,000 James Karantzis 01/12/2006 $ 35,000 Sue Kearney 11/01/2005-01/31/2006 $ 30,000 Tania Kirschbaum 11/07/2005 $ 25,000 Shane T. Law, Jill K. Law 06/17/2005 $ 15.000 Nelson F. Maurici 12/01/2005 $ 3,000 Jeffrey L. McClanahan, Bonnie L. 01/11/2006 $ 17,700 McClanahan) ------------------------ --------- Luis Nunez, Joyce A. Nunez 10/07/2005 $ 30,000 Duane Palachuk, Gregory J. Palachuk12/01/2005-01/31/2006 $ 65,000 Frank Perez 11/10/2005 $ 25,000 Albert W. Rachel 03/12/2005 $ 50,000 (Tony Russon, Kim Russon 01/01/2006-01/31/2006 $ 45,000 Ve Nile Russon) ---------------------------- -------- Eric Schwarz 10/26/2005 $ 25,000
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Jim Summers 08/01/2005-09/30/2005 $ 180,000 Errol G. Vestuto 01/30/2006 $ 25,000 Elizabeth Victor, Ledona Noel 01/25/2006 $ 35,000 Robert S. Waite, Cynthia A. Waite 09/22/2005-11/04/2005 $ 100,000 all in violation of the Florida Securities and Investor Protection Act, §§ 517.07 and
517.302(1), Florida Statutes, a third degree felony, and § 777.01, Florida Statutes.
COUNT 5
INVESTOR FRAUD – MORE THAN $50,000 AND FIVE OR MORE INVESTORS
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about July 1,
2003 and on or about January 31, 2006, at least in part in Alachua County, Florida,
defendants KENNETH WAYNE MOON and JAMES ALEXANDER FALKENBURG,
did willfully and knowingly commit INVESTMENT FRAUD in connection with the
offer and/or sale of an investment or security in or from a location in Florida, directly or
indirectly, by employing a device, scheme, or artifice to defraud, or by means of an
untrue statement of a material fact or an omission to state a material fact necessary in
order to make the statements made, in the light of the circumstances under which they
were made, not misleading, or by engaging in a transaction, practice, or course of
business which operated as a fraud or deceit upon a person, and thereby obtained money
or property of an aggregate value exceeding $50,000 from five or more of the following
persons, to wit:
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The following transactions were committed by defendant Kenneth Wayne Moon. Approximate Approximate Total Dollars Name(s) Date Ranges Investment(s) Perry J. Allen 10/01/2003-06/30/2005 $135,951 Linda and Lanny Baum 01/01/2005-11/30/2005 $ 40,000 (Richard C. Bevard, Karla Bevard, 08/01/2005-11/30/2005 $ 40,000 Marian Bevard, Carlitos Luna) ------------------------- --------- Kathy L. Blackwell 01/06/2006 $ 10,000 Patrick M. Cates, Vivian P. Cates 02/12/2005-09/01/2005 $ 63,000 (Austin D. Coose, Tawna K. Coose, 01/01/2005-06/30/2005 $ 70,000 Horace David Coose, and Douglas Gee)------------------------- ------- (Joseph M. Cremeans, Julie A.Long, 12/01/2005-12/31/05 $ 15,000 Patrick B. Cremeans (Smooth Moves ---------------------------- ------ Piano Movers) --------------------------- ------ Carlo E. Disieno 05/01/2005-11/30/2005 $ 40,000 Yvonne Dunkle 12/19/2005 $ 50,000 Warren E. Farren, Patricia Farren 04/01/2005-05/31/2005 $ 75,000 Raymon Gomez, Raquel Gomez 11/22/2005 $ 25,000 John T. Guillerman 11/01/2005-12/31/2005 $ 45,000 John Harbet 02/01/2005-07/31/2005 $ 116,000 Donald L. Jacks 07/01/2005-10/31/2005 $ 94,000 James Karantzis 01/12/2006 $ 35,000 Sue Kearney 11/01/2005-01/31/2006 $ 30,000 Joseph B. Keen II 09/01/2005-11/30/2005 $ 12,600 Tania Kirschbaum 11/07/2005 $ 25,000 James R. Klein, Sandra Miller 12/17/2005 $ 25,000 Shane T. Law, Jill K. Law 05/01/2005-09/30/2005 $ 75,000 John Lugo, Kelly Hinkley 05/01/2005-05/31/2005 $ 40,000 Nelson F. Maurici 12/01/2004-12/31/2005 $ 13,000 Jeffrey L. McClanahan, Bonnie L. 12/01/2005-01/31/2006 $ 85,000 McClanahan, Patricia J. McClanahan) ------------------------ --------- Allan L. Murrhee 11/01/2004-09/30/2005 $ 90,000 Luis Nunez, Joyce A. Nunez 10/07/2005 $ 30,000 Tommy Page 07/01/2005-07/31/2005 $ 40,000 Duane Palachuk, Gregory J. Palachuk12/01/2005-01/31/2006 $ 65,000 Frank Perez 11/10/2005 $ 25,000 Albert W. Rachel 07/01/2004–03/31/2005 $ 80,000 Donald Richards 12/21/2005 $ 30,000 (Tony Russon, Kim Russon 08/01/2005-01/31/2006 $ 70,000 Ve Nile Russon) ---------------------------- -------- Eric Schwarz 10/26/2005 $ 25,000 Jabu Sikhakhane 07/01/2005-12/31/2005 $ 8,000
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Larry M. Smith 06/01/2005-01/31/2006 $ 130,000 Tami L. Soper 12/17/2005 $ 10,000 Robert Strickland, Bobby Snodgrass 12/01/2004-03/31/2005 $ 35,000 Jim Summers 08/01/2005-09/30/2005 $ 180,000 Jane Thompson 04/01/2004-09/30/2004 $ 20,000 Orlando Jack Velasquez 12/15/2005 $ 25,000 Errol G. Vestuto 11/01/2005-01/31/2006 $ 50,000 Elizabeth Victor, Ledona Noel 01/25/2006 $ 35,000 Robert S. Waite, Cynthia A. Waite 09/22/2005-11/04/2005 $ 100,000 Alfred O. Wallace 07/01/2003-09/30/2005 $ 41,500 (Thomas Watson, Lillian Beverly 07/01/2003-08/31/2005 $ 255,500 Corliss) ---------------------------- --------- Jacqueline Woodside 11/01/2005-12/31/2005 $ 20,000 The following transactions were aided and abetted, at least in part, by defendant James Alexander Falkenburg. Approximate Approximate Total Dollars Name(s) Date Ranges Investment(s) (Richard C. Bevard, Karla Bevard, 08/01/2005-11/30/2005 $ 40,000 Marian Bevard, Carlitos Luna) ------------------------- --------- Patrick M. Cates, Vivian P. Cates 09/01/2005 $ 25,000 (Austin D. Coose, Tawna K. Coose, 01/28/2005 $ 30,000 Horace David Coose, and Douglas Gee)------------------------- ------- (Patrick B. Creameans re Smooth 12/12/05 $ 10,000 Moves Piano Movers) ---------------------------- ------ Yvonne Dunkle 12/19/2005 $ 50,000 Raymon Gomez, Raquel Gomez 11/22/2005 $ 25,000 John T. Guillerman 11/01/2005-12/31/2005 $ 45,000 James Karantzis 01/12/2006 $ 35,000 Sue Kearney 11/01/2005-01/31/2006 $ 30,000 Tania Kirschbaum 11/07/2005 $ 25,000 Shane T. Law, Jill K. Law 06/17/2005 $ 15,000 Nelson F. Maurici 12/01/2005 $ 3,000 Jeffrey L. McClanahan, Bonnie L. 01/11/2006 $ 17,700 McClanahan) ------------------------ --------- Luis Nunez, Joyce A. Nunez 10/07/2005 $ 30,000 Duane Palachuk, Gregory J. Palachuk12/01/2005-01/31/2006 $ 65,000 Frank Perez 11/10/2005 $ 25,000 Albert W. Rachel 03/12/2005 $ 50,000 (Tony Russon, Kim Russon 01/01/2006-01/31/2006 $ 45,000 Ve Nile Russon) ---------------------------- -------- Eric Schwarz 10/26/2005 $ 25,000
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Jim Summers 08/01/2005-09/30/2005 $ 180,000 Errol G. Vestuto 01/30/2006 $ 25,000 Elizabeth Victor, Ledona Noel 01/25/2006 $ 35,000 Robert S. Waite, Cynthia A. Waite 09/22/2005-11/04/2005 $ 100,000
all in violation of the Florida Securities and Investor Protection Act, §§
517.301(1)(a)1.2.3., 517.302(2), and 517.312(1), Florida Statutes, a first degree felony,
and § 777.011, Florida Statutes.
COUNT 6 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about August 24,
2005 and August 26, 2005, at least in part in Alachua County, Florida, defendant
KENNETH WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG,
knowing that the property involved in a financial transaction represented the proceeds of
some form of unlawful activity, did willfully and knowing commit Money Laundering by
conducting a financial transaction as defined in § 896.101(d), Florida Statutes, with such
property which in fact involved the proceeds of specified unlawful activities, to wit:
violation of the Securities and Investor Protection Act, §§ 517.12 and 517.302(1),
Florida Statutes (issuer selling securities without having first registered with the Office of
Financial Regulation), §§ 517.07 and 517.302(1), Florida Statutes (selling securities
which are not registered with the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3.,
517.302(2), and 517.312(1) Florida Statutes (investor fraud), and/or Grand Theft in
violation of § 812.014(1) and (2)(a),(b),(c), Florida Statutes, with the intent to promote
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the carrying on of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR by conducting such financial transaction
with such property knowing that the financial transaction was designed, in whole or in
part, to conceal or disguise the nature, the location, the source, the ownership, or the
control of the proceeds of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Richard C.
Bevard and Karla Bevard to enter into an investment contract and obtained a check from
them payable to defendant KENNETH WAYNE MOON in the amount of $25,000,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG cashed such check at or deposited the funds from such check in an
account in the name of defendant JAMES ALEXANDER FALKENBURG located at
Bank of America, which bank was then engaged in or the activities of which affected
commerce at a location in Florida, pursuant to an agreement or understanding between
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG that defendant JAMES ALEXANDER FALKENBURG would turn
over the funds to defendant KENNETH WAYNE MOON and/or use them as he directed,
all with the intent to promote the carrying out of such specified unlawful activities in
violation of the Securities and Investor Protection Act and/or Grand Theft, OR knowing
that the transactions were designed, in whole or in part, to conceal or disguise the source,
the location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
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degree felony, and § 777.011, Florida Statutes.
COUNT 7 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about September 1, 2005,
at least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG, knowing that the property involved
in a financial transaction represented the proceeds of some form of unlawful activity, did
willfully and knowing commit Money Laundering by conducting a financial transaction
as defined in § 896.101(d), Florida Statutes, with such property which in fact involved
the proceeds of specified unlawful activities, to wit: violation of the Securities and
Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling
securities without having first registered with the Office of Financial Regulation), §§
517.07 and 517.302(1), Florida Statutes (selling securities which are not registered with
the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1)
Florida Statutes (investor fraud), and/or Grand Theft in violation of § 812.014(1) and
(2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on of such
specified unlawful activities in violation of the Securities and Investor Protection Act
and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
- 16 -
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Patrick M.
Cates and Vivian P. Cates to enter into an investment contract and obtained a check from
them payable to defendant KENNETH WAYNE MOON in the amount of $25,000,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG cashed such check at or deposited the funds from such check in an
account in the name of defendant JAMES ALEXANDER FALKENBURG located at
Bank of America, which bank was then engaged in or the activities of which affected
commerce at a location in Florida, pursuant to an agreement or understanding between
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG that defendant JAMES ALEXANDER FALKENBURG would turn
over the funds to defendant KENNETH WAYNE MOON and/or use them as he directed,
all with the intent to promote the carrying out of such specified unlawful activities in
violation of the Securities and Investor Protection Act and/or Grand Theft, OR knowing
that the transactions were designed, in whole or in part, to conceal or disguise the source,
the location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 8 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
- 17 -
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about January 28, 2005,
at least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG, knowing that the property involved
in a financial transaction represented the proceeds of some form of unlawful activity, did
willfully and knowing commit Money Laundering by conducting a financial transaction
as defined in § 896.101(d), Florida Statutes, with such property which in fact involved
the proceeds of specified unlawful activities, to wit: violation of the Securities and
Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling
securities without having first registered with the Office of Financial Regulation), §§
517.07 and 517.302(1), Florida Statutes (selling securities which are not registered with
the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1)
Florida Statutes (investor fraud), and/or Grand Theft in violation of § 812.014(1) and
(2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on of such
specified unlawful activities in violation of the Securities and Investor Protection Act
and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Horace D.
Coose and Austin Coose to enter into an investment contract and obtained a check from
them payable to defendant KENNETH WAYNE MOON in the amount of $30,000,
- 18 -
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG cashed such check at or deposited the funds from such check in an
account in the name of defendant JAMES ALEXANDER FALKENBURG located at
Bank of America, which bank was then engaged in or the activities of which affected
commerce at a location in Florida, pursuant to an agreement or understanding between
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG that defendant JAMES ALEXANDER FALKENBURG would turn
over the funds to defendant KENNETH WAYNE MOON and/or use them as he directed,
all with the intent to promote the carrying out of such specified unlawful activities in
violation of the Securities and Investor Protection Act and/or Grand Theft, OR knowing
that the transactions were designed, in whole or in part, to conceal or disguise the source,
the location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 9
MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about December 19,
2005, at least in part in Alachua County, Florida, defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG, knowing that the
property involved in a financial transaction represented the proceeds of some form of
- 19 -
unlawful activity, did willfully and knowing commit Money Laundering by conducting a
financial transaction as defined in § 896.101(d), Florida Statutes, with such property
which in fact involved the proceeds of specified unlawful activities, to wit: violation of
the Securities and Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes
(issuer selling securities without having first registered with the Office of Financial
Regulation), §§ 517.07 and 517.302(1), Florida Statutes (selling securities which are not
registered with the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2),
and 517.312(1) Florida Statutes (investor fraud), and/or Grand Theft in violation of §
812.014(1) and (2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on
of such specified unlawful activities in violation of the Securities and Investor Protection
Act and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Yvonne
Dunkle to enter into an investment contract and obtained a check from her payable to
defendant KENNETH WAYNE MOON in the amount of $50,000, defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG cashed such
check at or deposited the funds from such check in an account in the name of defendant
JAMES ALEXANDER FALKENBURG located at Bank of America, which bank was
then engaged in or the activities of which affected commerce at a location in Florida,
pursuant to an agreement or understanding between defendant KENNETH WAYNE
- 20 -
MOON and defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 10 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about November 22,
2005, at least in part in Alachua County, Florida, defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG, knowing that the
property involved in a financial transaction represented the proceeds of some form of
unlawful activity, did willfully and knowing commit Money Laundering by conducting a
financial transaction as defined in § 896.101(d), Florida Statutes, with such property
which in fact involved the proceeds of specified unlawful activities, to wit: violation of
the Securities and Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes
(issuer selling securities without having first registered with the Office of Financial
Regulation), §§ 517.07 and 517.302(1), Florida Statutes (selling securities which are not
- 21 -
registered with the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2),
and 517.312(1) Florida Statutes (investor fraud), and/or Grand Theft in violation of §
812.014(1) and (2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on
of such specified unlawful activities in violation of the Securities and Investor Protection
Act and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Raymon
Gomez and Raquel Gomez to enter into an investment contract and obtained a check
from them payable to defendant KENNETH WAYNE MOON in the amount of $25,000,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG cashed such check at or deposited the funds from such check in an
account in the name of defendant JAMES ALEXANDER FALKENBURG located at
Bank of America, which bank was then engaged in or the activities of which affected
commerce at a location in Florida, pursuant to an agreement or understanding between
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG that defendant JAMES ALEXANDER FALKENBURG would turn
over the funds to defendant KENNETH WAYNE MOON and/or use them as he directed,
all with the intent to promote the carrying out of such specified unlawful activities in
violation of the Securities and Investor Protection Act and/or Grand Theft, OR knowing
that the transactions were designed, in whole or in part, to conceal or disguise the source,
- 22 -
the location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 11 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about November 2, 2005,
at least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG, knowing that the property involved
in a financial transaction represented the proceeds of some form of unlawful activity, did
willfully and knowing commit Money Laundering by conducting a financial transaction
as defined in § 896.101(d), Florida Statutes, with such property which in fact involved
the proceeds of specified unlawful activities to wit: violation of the Securities and
Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling
securities without having first registered with the Office of Financial Regulation), §§
517.07 and 517.302(1), Florida Statutes (selling securities which are not registered with
the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1)
Florida Statutes (investor fraud), and/or Grand Theft in violation of § 812.014(1) and
(2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on of such
specified unlawful activities in violation of the Securities and Investor Protection Act
and/or Grand Theft, OR by conducting such financial transaction with such property
- 23 -
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced John T.
Guillerman to enter into an investment contract and obtained a check from him payable to
defendant KENNETH WAYNE MOON in the amount of $35,000, defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG cashed such
check at or deposited the funds from such check in an account in the name of defendant
JAMES ALEXANDER FALKENBURG located at Bank of America, which bank was
then engaged in or the activities of which affected commerce at a location in Florida,
pursuant to an agreement or understanding between defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out such specified unlawful activities in violation of the Securities and Investor
Protection Act and/or Grand Theft, OR knowing that the transactions were designed, in
whole or in part, to conceal or disguise the source, the location, the true ownership, or the
true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
- 24 -
COUNT 12 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about January 12, 2006,
at least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG, knowing that the property involved
in a financial transaction represented the proceeds of some form of unlawful activity, did
willfully and knowing commit Money Laundering by conducting a financial transaction
as defined in § 896.101(d), Florida Statutes, with such property which in fact involved
the proceeds of specified unlawful activities, to wit: violation of the Securities and
Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling
securities without having first registered with the Office of Financial Regulation), §§
517.07 and 517.302(1), Florida Statutes (selling securities which are not registered with
the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1)
Florida Statutes (investor fraud), and/or Grand Theft in violation of § 812.014(1) and
(2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on of such
specified unlawful activities in violation of the Securities and Investor Protection Act
and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
- 25 -
After defendant KENNETH WAYNE MOON fraudulently induced James
Karantzis to enter into an investment contract and obtained a check from him payable to
defendant KENNETH WAYNE MOON in the amount of $35,000, defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG cashed such
check at or deposited the funds from such check in an account in the name of defendant
JAMES ALEXANDER FALKENBURG located at Bank of America, which bank was
then engaged in or the activities of which affected commerce at a location in Florida,
pursuant to an agreement or understanding between defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 13 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about January 3, 2006, at
least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON and
- 26 -
defendant JAMES ALEXANDER FALKENBURG, knowing that the property involved
in a financial transaction represented the proceeds of some form of unlawful activity, did
willfully and knowing commit Money Laundering by conducting a financial transaction
as defined in § 896.101(d), Florida Statutes, with such property which in fact involved
the proceeds of specified unlawful activities, to wit: violation of the Securities and
Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling
securities without having first registered with the Office of Financial Regulation), §§
517.07 and 517.302(1), Florida Statutes (selling securities which are not registered with
the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1)
Florida Statutes (investor fraud), and/or Grand Theft in violation of § 812.014(1) and
(2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on of such
specified unlawful activities in violation of the Securities and Investor Protection Act
and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Sue Kearney
to enter into an investment contract and obtained a check from her payable to defendant
KENNETH WAYNE MOON in the amount of $20,000, defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG cashed such check at or
deposited the funds from such check in an account in the name of defendant JAMES
ALEXANDER FALKENBURG located at Bank of America, which bank was then
- 27 -
engaged in or the activities of which affected commerce at a location in Florida, pursuant
to an agreement or understanding between defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 14 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about November 7, 2005,
at least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG, knowing that the property involved
in a financial transaction represented the proceeds of some form of unlawful activity, did
willfully and knowing commit Money Laundering by conducting a financial transaction
as defined in § 896.101(d), Florida Statutes, with such property which in fact involved
the proceeds of specified unlawful activities, to wit: violation of the Securities and
Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling
- 28 -
securities without having first registered with the Office of Financial Regulation), §§
517.07 and 517.302(1), Florida Statutes (selling securities which are not registered with
the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1)
Florida Statutes (investor fraud), and/or Grand Theft in violation of § 812.014(1) and
(2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on of such
specified unlawful activities in violation of the Securities and Investor Protection Act
and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Tania
Kirschbaum to enter into an investment contract and obtained a check from her payable
to defendant KENNETH WAYNE MOON in the amount of $25,000, defendant
KENNETH WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG
cashed such check at or deposited the funds from such check in an account in the name of
defendant JAMES ALEXANDER FALKENBURG located at Bank of America, which
bank was then engaged in or the activities of which affected commerce at a location in
Florida, pursuant to an agreement or understanding between defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG that defendant
JAMES ALEXANDER FALKENBURG would turn over the funds to defendant
KENNETH WAYNE MOON and/or use them as he directed, all with the intent to
promote the carrying out of such specified unlawful activities in violation of the
- 29 -
Securities and Investor Protection Act and/or Grand Theft, OR knowing that the
transactions were designed, in whole or in part, to conceal or disguise the source, the
location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 15 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about June 17, 2005, at
least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG, knowing that the property involved
in a financial transaction represented the proceeds of some form of unlawful activity, did
willfully and knowing commit Money Laundering by conducting a financial transaction
as defined in § 896.101(d), Florida Statutes, with such property which in fact involved
the proceeds of specified unlawful activities, to wit: violation of the Securities and
Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling
securities without having first registered with the Office of Financial Regulation), §§
517.07 and 517.302(1), Florida Statutes (selling securities which are not registered with
the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1)
Florida Statutes (investor fraud), and/or Grand Theft in violation of § 812.014(1) and
(2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on of such
- 30 -
specified unlawful activities in violation of the Securities and Investor Protection Act
and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Shane T. Law
and Jill K. Law to enter into an investment contract and obtained a check from them
payable to defendant KENNETH WAYNE MOON in the amount of $15,000, defendant
KENNETH WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG
cashed such check at or deposited the funds from such check in an account in the name of
defendant JAMES ALEXANDER FALKENBURG located at Bank of America, which
bank was then engaged in or the activities of which affected commerce at a location in
Florida, pursuant to an agreement or understanding between defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG that defendant
JAMES ALEXANDER FALKENBURG would turn over the funds to defendant
KENNETH WAYNE MOON and/or use them as he directed, all with the intent to
promote the carrying out of such specified unlawful activities in violation of the
Securities and Investor Protection Act and/or Grand Theft, OR knowing that the
transactions were designed, in whole or in part, to conceal or disguise the source, the
location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
- 31 -
In violation of §§ 896.101(3)(a) and (5)(a) and 896.103, Florida Statutes, a third
degree felony, and § 777.011, Florida Statutes.
COUNT 16 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about January
11, 2006 and January 17, 2006, at least in part in Alachua County, Florida, defendant
KENNETH WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG,
knowing that the property involved in a financial transaction represented the proceeds of
some form of unlawful activity, did willfully and knowing commit Money Laundering by
conducting a financial transaction as defined in § 896.101(d), Florida Statutes, with such
property which in fact involved the proceeds of specified unlawful activities, to wit:
violation of the Securities and Investor Protection Act, §§ 517.12 and 517.302(1),
Florida Statutes (issuer selling securities without having first registered with the Office of
Financial Regulation), §§ 517.07 and 517.302(1), Florida Statutes (selling securities
which are not registered with the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3.,
517.302(2), and 517.312(1) Florida Statutes (investor fraud), and/or Grand Theft in
violation of § 812.014(1) and (2)(a),(b),(c), Florida Statutes, with the intent to promote
the carrying on of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR by conducting such financial transaction
with such property knowing that the financial transaction was designed, in whole or in
part, to conceal or disguise the nature, the location, the source, the ownership, or the
- 32 -
control of the proceeds of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Jeffrey L.
McClanahan and Bonnie L. McClanahan to enter into an investment contract and
obtained a check from them payable to defendant KENNETH WAYNE MOON in the
amount of $17,700, defendant KENNETH WAYNE MOON and defendant JAMES
ALEXANDER FALKENBURG cashed such check at or deposited the funds from such
check in an account in the name of defendant JAMES ALEXANDER FALKENBURG
located at Bank of America, which bank was then engaged in or the activities of which
affected commerce at a location in Florida, pursuant to an agreement or understanding
between defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG that defendant JAMES ALEXANDER FALKENBURG would turn
over the funds to defendant KENNETH WAYNE MOON and/or use them as he directed,
all with the intent to promote the carrying out of such specified unlawful activities in
violation of the Securities and Investor Protection Act and/or Grand Theft, OR knowing
that the transactions were designed, in whole or in part, to conceal or disguise the source,
the location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(a) and 896.103, Florida Statutes, a third
degree felony, and § 777.011, Florida Statutes.
COUNT 17 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
- 33 -
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about October 7, 2005, at
least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG, knowing that the property involved
in a financial transaction represented the proceeds of some form of unlawful activity, did
willfully and knowing commit Money Laundering by conducting a financial transaction
as defined in § 896.101(d), Florida Statutes, with such property which in fact involved
the proceeds of specified unlawful activities, to wit: violation of the Securities and
Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling
securities without having first registered with the Office of Financial Regulation), §§
517.07 and 517.302(1), Florida Statutes (selling securities which are not registered with
the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1)
Florida Statutes (investor fraud), and/or Grand Theft in violation of § 812.014(1) and
(2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on of such
specified unlawful activities in violation of the Securities and Investor Protection Act
and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Luis Nunez
and Joyce A. Nunez to enter into an investment contract and obtained a check from them
payable to defendant KENNETH WAYNE MOON in the amount of $30,000, defendant
- 34 -
KENNETH WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG
cashed such check at or deposited the funds from such check in an account in the name of
defendant JAMES ALEXANDER FALKENBURG located at Bank of America, which
bank was then engaged in or the activities of which affected commerce at a location in
Florida, pursuant to an agreement or understanding between defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG that defendant
JAMES ALEXANDER FALKENBURG would turn over the funds to defendant
KENNETH WAYNE MOON and/or use them as he directed, all with the intent to
promote the carrying out of such specified unlawful activities in violation of the
Securities and Investor Protection Act and/or Grand Theft, OR knowing that the
transactions were designed, in whole or in part, to conceal or disguise the source, the
location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 18 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about December 19 or 20,
2005, at least in part in Alachua County, Florida, defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG, knowing that the
property involved in a financial transaction represented the proceeds of some form of
- 35 -
unlawful activity, did willfully and knowing commit Money Laundering by conducting a
financial transaction as defined in § 896.101(d), Florida Statutes, with such property
which in fact involved the proceeds of specified unlawful activities, to wit: violation of
the Securities and Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes
(issuer selling securities without having first registered with the Office of Financial
Regulation), §§ 517.07 and 517.302(1), Florida Statutes (selling securities which are not
registered with the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2),
and 517.312(1) Florida Statutes (investor fraud), and/or Grand Theft in violation of §
812.014(1) and (2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on
of such specified unlawful activities in violation of the Securities and Investor Protection
Act and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Gregory
Palachuk to enter into an investment contract and obtained a check from him payable to
defendant KENNETH WAYNE MOON in the amount of $25,000, defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG cashed such
check at or deposited the funds from such check in an account in the name of defendant
JAMES ALEXANDER FALKENBURG located at Bank of America, which bank was
then engaged in or the activities of which affected commerce at a location in Florida,
pursuant to an agreement or understanding between defendant KENNETH WAYNE
- 36 -
MOON and defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 19 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about January 18 or 19,
2006, at least in part in Alachua County, Florida, defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG, knowing that the
property involved in a financial transaction represented the proceeds of some form of
unlawful activity, did willfully and knowing commit Money Laundering by conducting a
financial transaction as defined in § 896.101(d), Florida Statutes, with such property
which in fact involved the proceeds of specified unlawful activities, to wit: violation of
the Securities and Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes
(issuer selling securities without having first registered with the Office of Financial
Regulation), §§ 517.07 and 517.302(1), Florida Statutes (selling securities which are not
- 37 -
registered with the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2),
and 517.312(1) Florida Statutes (investor fraud), and/or Grand Theft in violation of §
812.014(1) and (2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on
of such specified unlawful activities in violation of the Securities and Investor Protection
Act and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Duane
Palachuk to enter into an investment contract and obtained a check from him payable to
defendant KENNETH WAYNE MOON in the amount of $30,000, defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG cashed such
check at or deposited the funds from such check in an account in the name of defendant
JAMES ALEXANDER FALKENBURG located at Bank of America, which bank was
then engaged in or the activities of which affected commerce at a location in Florida,
pursuant to an agreement or understanding between defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
- 38 -
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 20 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about November 10,
2005, at least in part in Alachua County, Florida, defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG, knowing that the
property involved in a financial transaction represented the proceeds of some form of
unlawful activity, did willfully and knowing commit Money Laundering by conducting a
financial transaction as defined in § 896.101(d), Florida Statutes, with such property
which in fact involved the proceeds of specified unlawful activities, to wit: violation of
the Securities and Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes
(issuer selling securities without having first registered with the Office of Financial
Regulation), §§ 517.07 and 517.302(1), Florida Statutes (selling securities which are not
registered with the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2),
and 517.312(1) Florida Statutes (investor fraud), and/or Grand Theft in violation of §
812.014(1) and (2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on
of such specified unlawful activities in violation of the Securities and Investor Protection
Act and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
- 39 -
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Frank Perez
to enter into an investment contract and obtained a check from him payable to defendant
KENNETH WAYNE MOON in the amount of $25,000, defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG cashed such check at or
deposited the funds from such check in an account in the name of defendant JAMES
ALEXANDER FALKENBURG located at Bank of America, which bank was then
engaged in or the activities of which affected commerce at a location in Florida, pursuant
to an agreement or understanding between defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 21 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
- 40 -
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about March 12, 2005, at
least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG, knowing that the property involved
in a financial transaction represented the proceeds of some form of unlawful activity, did
willfully and knowing commit Money Laundering by conducting a financial transaction
as defined in § 896.101(d), Florida Statutes, with such property which in fact involved
the proceeds of specified unlawful activities, to wit: violation of the Securities and
Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling
securities without having first registered with the Office of Financial Regulation), §§
517.07 and 517.302(1), Florida Statutes (selling securities which are not registered with
the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1)
Florida Statutes (investor fraud), and/or Grand Theft in violation of § 812.014(1) and
(2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on of such
specified unlawful activities in violation of the Securities and Investor Protection Act
and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Albert Rachel
to enter into an investment contract and obtained a check from him payable to defendant
KENNETH WAYNE MOON in the amount of $50,000, defendant KENNETH WAYNE
- 41 -
MOON and defendant JAMES ALEXANDER FALKENBURG cashed such check at or
deposited the funds from such check in an account in the name of defendant JAMES
ALEXANDER FALKENBURG located at Bank of America, which bank was then
engaged in or the activities of which affected commerce at a location in Florida, pursuant
to an agreement or understanding between defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 22 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about January 5, 2006, at
least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG, knowing that the property involved
in a financial transaction represented the proceeds of some form of unlawful activity, did
willfully and knowing commit Money Laundering by conducting a financial transaction
- 42 -
as defined in § 896.101(d), Florida Statutes, with such property which in fact involved
the proceeds of specified unlawful activities, to wit: violation of the Securities and
Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling
securities without having first registered with the Office of Financial Regulation), §§
517.07 and 517.302(1), Florida Statutes (selling securities which are not registered with
the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1)
Florida Statutes (investor fraud), and/or Grand Theft in violation of § 812.014(1) and
(2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on of such
specified unlawful activities in violation of the Securities and Investor Protection Act
and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Tony Russon
and Kim Russon to enter into an investment contract and obtained a check from them
payable to defendant KENNETH WAYNE MOON in the amount of $20,000, defendant
KENNETH WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG
cashed such check at or deposited the funds from such check in an account in the name of
defendant JAMES ALEXANDER FALKENBURG located at Bank of America, which
bank was then engaged in or the activities of which affected commerce at a location in
Florida, pursuant to an agreement or understanding between defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG that defendant
- 43 -
JAMES ALEXANDER FALKENBURG would turn over the funds to defendant
KENNETH WAYNE MOON and/or use them as he directed, all with the intent to
promote the carrying out of such specified unlawful activities in violation of the
Securities and Investor Protection Act and/or Grand Theft, OR knowing that the
transactions were designed, in whole or in part, to conceal or disguise the source, the
location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 23 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about January 11, 2006,
at least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG, knowing that the property involved
in a financial transaction represented the proceeds of some form of unlawful activity, did
willfully and knowing commit Money Laundering by conducting a financial transaction
as defined in § 896.101(d), Florida Statutes, with such property which in fact involved
the proceeds of specified unlawful activities, to wit: violation of the Securities and
Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling
securities without having first registered with the Office of Financial Regulation), §§
517.07 and 517.302(1), Florida Statutes (selling securities which are not registered with
- 44 -
the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1)
Florida Statutes (investor fraud), and/or Grand Theft in violation of § 812.014(1) and
(2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on of such
specified unlawful activities in violation of the Securities and Investor Protection Act
and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Ve Nile
Russon to enter into an investment contract and obtained a check from him payable to
defendant KENNETH WAYNE MOON in the amount of $15,000, defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG cashed such
check at or deposited the funds from such check in an account in the name of defendant
JAMES ALEXANDER FALKENBURG located at Bank of America, which bank was
then engaged in or the activities of which affected commerce at a location in Florida,
pursuant to an agreement or understanding between defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
- 45 -
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(a) and 896.103, Florida Statutes, a third
degree felony, and § 777.011, Florida Statutes.
COUNT 24 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about October 26, 2005,
at least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG, knowing that the property involved
in a financial transaction represented the proceeds of some form of unlawful activity, did
willfully and knowing commit Money Laundering by conducting a financial transaction
as defined in § 896.101(d), Florida Statutes, with such property which in fact involved
the proceeds of specified unlawful activities, to wit: violation of the Securities and
Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling
securities without having first registered with the Office of Financial Regulation), §§
517.07 and 517.302(1), Florida Statutes (selling securities which are not registered with
the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1)
Florida Statutes (investor fraud), and/or Grand Theft in violation of § 812.014(1) and
(2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on of such
specified unlawful activities in violation of the Securities and Investor Protection Act
and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
- 46 -
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Eric Schwarz
to enter into an investment contract and obtained a check from him payable to defendant
KENNETH WAYNE MOON in the amount of $25,000, defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG cashed such check at or
deposited the funds from such check in an account in the name of defendant JAMES
ALEXANDER FALKENBURG located at Bank of America, which bank was then
engaged in or the activities of which affected commerce at a location in Florida, pursuant
to an agreement or understanding between defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 25 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
- 47 -
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about September 9, 2005,
at least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG, knowing that the property involved
in a financial transaction represented the proceeds of some form of unlawful activity, did
willfully and knowing commit Money Laundering by conducting a financial transaction
as defined in § 896.101(d), Florida Statutes, with such property which in fact involved
the proceeds of specified unlawful activities, to wit: violation of the Securities and
Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling
securities without having first registered with the Office of Financial Regulation), §§
517.07 and 517.302(1), Florida Statutes (selling securities which are not registered with
the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1)
Florida Statutes (investor fraud), and/or Grand Theft in violation of § 812.014(1) and
(2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on of such
specified unlawful activities in violation of the Securities and Investor Protection Act
and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
Defendant KENNETH WAYNE MOON fraudulently induced Jim Summers to
enter into an investment contract and wire transfer the amount of $75,000 to the credit of
defendant KENNETH WAYNE MOON to a bank account which belonged solely to
- 48 -
defendant JAMES ALEXANDER FALKENBURG located at Bank of America, which
bank was then engaged in or the activities of which affected commerce at a location in
Florida, pursuant to an agreement or understanding between defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG that defendant
JAMES ALEXANDER FALKENBURG would turn over the funds to defendant
KENNETH WAYNE MOON and/or use them as he directed, all with the intent to
promote the carrying out of such specified unlawful activities in violation of the
Securities and Investor Protection Act and/or Grand Theft, OR knowing that the
transactions were designed, in whole or in part, to conceal or disguise the source, the
location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 26 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about September 27,
2005, at least in part in Alachua County, Florida, defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG, knowing that the
property involved in a financial transaction represented the proceeds of some form of
unlawful activity, did willfully and knowing commit Money Laundering by conducting a
financial transaction as defined in § 896.101(d), Florida Statutes, with such property
- 49 -
which in fact involved the proceeds of specified unlawful activities, to wit: violation of
the Securities and Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes
(issuer selling securities without having first registered with the Office of Financial
Regulation), §§ 517.07 and 517.302(1), Florida Statutes (selling securities which are not
registered with the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2),
and 517.312(1) Florida Statutes (investor fraud), and/or Grand Theft in violation of §
812.014(1) and (2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on
of such specified unlawful activities in violation of the Securities and Investor Protection
Act and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
Defendant KENNETH WAYNE MOON fraudulently induced Jim Summers to
enter into an investment contract and wire transfer the amount of $30,000 to the credit of
defendant KENNETH WAYNE MOON to a bank account which belonged solely to
defendant JAMES ALEXANDER FALKENBURG located at Bank of America, which
bank was then engaged in or the activities of which affected commerce at a location in
Florida, pursuant to an agreement or understanding between defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG that defendant
JAMES ALEXANDER FALKENBURG would turn over the funds to defendant
KENNETH WAYNE MOON and/or use them as he directed, all with the intent to
promote the carrying out of such specified unlawful activities in violation of the
- 50 -
Securities and Investor Protection Act and/or Grand Theft, OR knowing that the
transactions were designed, in whole or in part, to conceal or disguise the source, the
location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 27 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about January 30, 2006,
at least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG, knowing that the property involved
in a financial transaction represented the proceeds of some form of unlawful activity, did
willfully and knowing commit Money Laundering by conducting a financial transaction
as defined in § 896.101(d), Florida Statutes, with such property which in fact involved
the proceeds of specified unlawful activities, to wit: violation of the Securities and
Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling
securities without having first registered with the Office of Financial Regulation), §§
517.07 and 517.302(1), Florida Statutes (selling securities which are not registered with
the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1)
Florida Statutes (investor fraud), and/or Grand Theft in violation of § 812.014(1) and
(2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on of such
- 51 -
specified unlawful activities in violation of the Securities and Investor Protection Act
and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Errol G.
Vestuto to enter into an investment contract and obtained a check from him payable to
defendant KENNETH WAYNE MOON in the amount of $25,000, defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG cashed such
check at or deposited the funds from such check in an account in the name of defendant
JAMES ALEXANDER FALKENBURG located at Bank of America, which bank was
then engaged in or the activities of which affected commerce at a location in Florida,
pursuant to an agreement or understanding between defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
- 52 -
COUNT 28 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about January 25, 2006,
at least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG, knowing that the property involved
in a financial transaction represented the proceeds of some form of unlawful activity, did
willfully and knowing commit Money Laundering by conducting a financial transaction
as defined in § 896.101(d), Florida Statutes, with such property which in fact involved
the proceeds of specified unlawful activities, to wit: violation of the Securities and
Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling
securities without having first registered with the Office of Financial Regulation), §§
517.07 and 517.302(1), Florida Statutes (selling securities which are not registered with
the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1)
Florida Statutes (investor fraud), and/or Grand Theft in violation of § 812.014(1) and
(2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on of such
specified unlawful activities in violation of the Securities and Investor Protection Act
and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
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TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Elizabeth
Victor and Ledona Noel to enter into an investment contract and obtained a check from
them payable to defendant KENNETH WAYNE MOON in the amount of $35,000,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG cashed such check at or deposited the funds from such check in an
account in the name of defendant JAMES ALEXANDER FALKENBURG located at
Bank of America, which bank was then engaged in or the activities of which affected
commerce at a location in Florida, pursuant to an agreement or understanding between
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG that defendant JAMES ALEXANDER FALKENBURG would turn
over the funds to defendant KENNETH WAYNE MOON and/or use them as he directed,
all with the intent to promote the carrying out of such specified unlawful activities in
violation of the Securities and Investor Protection Act and/or Grand Theft, OR knowing
that the transactions were designed, in whole or in part, to conceal or disguise the source,
the location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 29 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
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Special Assistant State Attorney, under oath, charges that on or about September 22,
2005, at least in part in Alachua County, Florida, defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG, knowing that the
property involved in a financial transaction represented the proceeds of some form of
unlawful activity, did willfully and knowing commit Money Laundering by conducting a
financial transaction as defined in § 896.101(d), Florida Statutes, with such property
which in fact involved the proceeds of specified unlawful activities, to wit: violation of
the Securities and Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes
(issuer selling securities without having first registered with the Office of Financial
Regulation), §§ 517.07 and 517.302(1), Florida Statutes (selling securities which are not
registered with the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2),
and 517.312(1) Florida Statutes (investor fraud), and/or Grand Theft in violation of §
812.014(1) and (2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on
of such specified unlawful activities in violation of the Securities and Investor Protection
Act and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Robert S.
Waite and Cynthia A. Waite to enter into an investment contract and obtained a check
from them payable to defendant KENNETH WAYNE MOON in the amount of $50,000,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
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FALKENBURG cashed such check at or deposited the funds from such check in an
account in the name of defendant JAMES ALEXANDER FALKENBURG located at
Bank of America, which bank was then engaged in or the activities of which affected
commerce at a location in Florida, pursuant to an agreement or understanding between
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG that defendant JAMES ALEXANDER FALKENBURG would turn
over the funds to defendant KENNETH WAYNE MOON and/or use them as he directed,
all with the intent to promote the carrying out of such specified unlawful activities in
violation of the Securities and Investor Protection Act and/or Grand Theft, OR knowing
that the transactions were designed, in whole or in part, to conceal or disguise the source,
the location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 30 MONEY LAUNDERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about November 4, 2005,
at least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG, knowing that the property involved
in a financial transaction represented the proceeds of some form of unlawful activity, did
willfully and knowing commit Money Laundering by conducting a financial transaction
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as defined in § 896.101(d), Florida Statutes, with such property which in fact involved
the proceeds of specified unlawful activities, to wit: violation of the Securities and
Investor Protection Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling
securities without having first registered with the Office of Financial Regulation), §§
517.07 and 517.302(1), Florida Statutes (selling securities which are not registered with
the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1)
Florida Statutes (investor fraud), and/or Grand Theft in violation of § 812.014(1) and
(2)(a),(b),(c), Florida Statutes, with the intent to promote the carrying on of such
specified unlawful activities in violation of the Securities and Investor Protection Act
and/or Grand Theft, OR by conducting such financial transaction with such property
knowing that the financial transaction was designed, in whole or in part, to conceal or
disguise the nature, the location, the source, the ownership, or the control of the proceeds
of such unlawful activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Robert S.
Waite and Cynthia A. Waite to enter into an investment contract and obtained a check
from them payable to defendant KENNETH WAYNE MOON in the amount of $50,000,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG cashed such check at or deposited the funds from such check in an
account in the name of defendant JAMES ALEXANDER FALKENBURG located at
Bank of America, which bank was then engaged in or the activities of which affected
commerce at a location in Florida, pursuant to an agreement or understanding between
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
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FALKENBURG that defendant JAMES ALEXANDER FALKENBURG would turn
over the funds to defendant KENNETH WAYNE MOON and/or use them as he directed,
all with the intent to promote the carrying out of such specified unlawful activities in
violation of the Securities and Investor Protection Act and/or Grand Theft, OR knowing
that the transactions were designed, in whole or in part, to conceal or disguise the source,
the location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
COUNT 31 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about October 1,
2003 and on or about June 30, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $100,000 or more, the property of another, to wit:
Perry J. Allen, with the intent to temporarily or permanently deprive Perry J. Allen of a
right to the property, or a benefit therefrom, or to appropriate the property for his own
use, or to the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(a),
Florida Statutes, a first degree felony.
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COUNT 32 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about January 1,
2005 and on or about November 30, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Linda Baum and Lanny Baum, with the intent to temporarily or
permanently deprive Linda Baum and Lanny Baum of a right to the property, or a benefit
therefrom, or to appropriate the property for his own use, or to the use of a person not
entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree
felony.
COUNT 33 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about August 1,
2005 and on or about November 30, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Richard C. Bevard, Karla Bevard, Marian Bevard, and Carlitos Luna,
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with the intent to temporarily or permanently deprive Richard C. Bevard, Karla Bevard,
Marian Bevard, and Carlitos Luna of a right to the property, or a benefit therefrom, or to
appropriate the property for his own use, or to the use of a person not entitled thereto, in
violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree felony.
COUNT 34 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about January 6, 2006, at
least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON
committed GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor
to obtain or use United States Currency or the equivalent thereof having a value of
$10,000 or more but less than $20,000, the property of another, to wit: Kathy L.
Blackwell, with the intent to temporarily or permanently deprive Kathy L. Blackwell of a
right to the property, or a benefit therefrom, or to appropriate the property for his own
use, or to the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(c),
Florida Statutes, a third degree felony.
COUNT 35 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about February
12, 2005 and on or about September 1, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
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and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Patrick M. Cates and Vivian P. Cates, with the intent to temporarily or
permanently deprive Patrick M. Cates and Vivian P. Cates of a right to the property, or a
benefit therefrom, or to appropriate the property for his own use, or to the use of a person
not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a second
degree felony.
COUNT 36 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about December
1, 2005 and on or about December 31, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Austin D. Coose, Tawna K. Coose, Horace D. Coose, and Douglas
Gee, with the intent to temporarily or permanently deprive Austin D. Coose, Tawna K.
Coose, Horace D. Coose, and Douglas Gee of a right to the property, or a benefit
therefrom, or to appropriate the property for his own use, or to the use of a person not
entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree
felony.
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COUNT 37 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about December
1, 2005 and on or about December 31, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $10,000 or more but less than $20,000, the property
of another, to wit: Joseph M. Cremeans, Julie A. Long, and Patrick B. Cremeans (Smooth
Moves Piano Movers) with the intent to temporarily or permanently deprive Joseph M.
Cremeans, Julie A. Long, and Patrick B. Cremeans (Smooth Moves Piano Movers) of a
right to the property, or a benefit therefrom, or to appropriate the property for his own
use, or to the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(c),
Florida Statutes, a third degree felony.
COUNT 38 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about May 1,
2005 and on or about November 30, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
- 62 -
of another, to wit: Carlo Disieno, with the intent to temporarily or permanently deprive
Carlo Disieno of a right to the property, or a benefit therefrom, or to appropriate the
property for his own use, or to the use of a person not entitled thereto, in violation of §
812.014(1) and (2)(b), Florida Statutes, a second degree felony.
COUNT 39 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about December 19,
2005, at least in part in Alachua County, Florida, defendant KENNETH WAYNE
MOON committed GRAND THEFT, and did willfully and knowingly obtain or use, or
endeavor to obtain or use United States Currency or the equivalent thereof having a value
of $20,000 or more but less than $100,000, the property of another, to wit: Yvonne
Dunkle, with the intent to temporarily or permanently deprive Yvonne Dunkle of a right
to the property, or a benefit therefrom, or to appropriate the property for his own use, or
to the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida
Statutes, a second degree felony.
COUNT 40 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about April 1,
2005 and on or about May 31, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
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and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Warren Farren and Patricia Farren, with the intent to temporarily or
permanently deprive Warren Farren and Patricia Farren of a right to the property, or a
benefit therefrom, or to appropriate the property for his own use, or to the use of a person
not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a second
degree felon
COUNT 41 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about November 22,
2005, at least in part in Alachua County, Florida, defendant KENNETH WAYNE
MOON committed GRAND THEFT, and did willfully and knowingly obtain or use, or
endeavor to obtain or use United States Currency or the equivalent thereof having a value
of $20,000 or more but less than $100,000, the property of another, to wit: Raymon
Gomez and Raquel Gomez, with the intent to temporarily or permanently deprive
Raymon Gomez and Raquel Gomez of a right to the property, or a benefit therefrom, or
to appropriate the property for his own use, or to the use of a person not entitled thereto,
in violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree felony.
COUNT 42 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
- 64 -
Special Assistant State Attorney, under oath, charges that between on or about November
1, 2005 and on or about December 31, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: John T. Guillerman, with the intent to temporarily or permanently
deprive John T. Guillerman of a right to the property, or a benefit therefrom, or to
appropriate the property for his own use, or to the use of a person not entitled thereto, in
violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree felony.
COUNT 43 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about February
1, 2005 and on or about July 31, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $100,000 or more, the property of another, to wit:
John Harbet, with the intent to temporarily or permanently deprive John Harbet of a right
to the property, or a benefit therefrom, or to appropriate the property for his own use, or
to the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(a), Florida
Statutes, a first degree felony.
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COUNT 44 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about July 1,
2005 and on or about October 31, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Donald L. Jacks, with the intent to temporarily or permanently deprive
Donald L. Jacks of a right to the property, or a benefit therefrom, or to appropriate the
property for his own use, or to the use of a person not entitled thereto, in violation of §
812.014(1) and (2)(b), Florida Statutes, a second degree felony.
COUNT 45 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about January 12, 2006,
at least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON
committed GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor
to obtain or use United States Currency or the equivalent thereof having a value of
$20,000 or more but less than $100,000, the property of another, to wit: James Karantzis,
with the intent to temporarily or permanently deprive James Karantzis of a right to the
property, or a benefit therefrom, or to appropriate the property for his own use, or to the
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use of a person not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida
Statutes, a second degree felony.
COUNT 46 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about November
1, 2005 and on or about January 31, 2006, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Sue Kearney, with the intent to temporarily or permanently deprive
Sue Kearney of a right to the property, or a benefit therefrom, or to appropriate the
property for his own use, or to the use of a person not entitled thereto, in violation of §
812.014(1) and (2)(b), Florida Statutes, a second degree felony.
COUNT 47 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about September
1, 2005 and on or about November 30, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $10,000 or more but less than $20,000, the property
- 67 -
of another, to wit: Joseph B. Keen, with the intent to temporarily or permanently deprive
Joseph B. Keen of a right to the property, or a benefit therefrom, or to appropriate the
property for his own use, or to the use of a person not entitled thereto, in violation of §
812.014(1) and (2)(c), Florida Statutes, a third degree felony.
COUNT 48 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about November 7, 2005,
at least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON
committed GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor
to obtain or use United States Currency or the equivalent thereof having a value of
$20,000 or more but less than $100,000, the property of another, to wit: Tania
Kirschbaum, with the intent to temporarily or permanently deprive Tania Kirschbaum of
a right to the property, or a benefit therefrom, or to appropriate the property for his own
use, or to the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(b),
Florida Statutes, a second degree felony.
COUNT 49 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about December 17,
2005, at least in part in Alachua County, Florida, defendant KENNETH WAYNE
MOON committed GRAND THEFT, and did willfully and knowingly obtain or use, or
- 68 -
endeavor to obtain or use United States Currency or the equivalent thereof having a value
of $20,000 or more but less than $100,000, the property of another, to wit: James R.
Klein and Sandra Miller, with the intent to temporarily or permanently deprive James R.
Klein and Sandra Miller of a right to the property, or a benefit therefrom, or to
appropriate the property for his own use, or to the use of a person not entitled thereto, in
violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree felony.
COUNT 50 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about May 1,
2005, and on or about September 30, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Shane T. Law and Jill K. Law, with the intent to temporarily or
permanently deprive Shane T. Law and Jill K. Law of a right to the property, or a benefit
therefrom, or to appropriate the property for his own use, or to the use of a person not
entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree
felony.
COUNT 51 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
- 69 -
Special Assistant State Attorney, under oath, charges that between on or about May 1,
2005, and on or about May 31, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: John Lugo and Kelly Hinkley, with the intent to temporarily or
permanently deprive John Lugo and Kelly Hinkley of a right to the property, or a benefit
therefrom, or to appropriate the property for his own use, or to the use of a person not
entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree
felony.
COUNT 52 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about December
1, 2004 and on or about December 31, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $10,000 or more but less than $20,000, the property
of another, to wit: Nelson F. Maurici, with the intent to temporarily or permanently
deprive Nelson F. Maurici of a right to the property, or a benefit therefrom, or to
appropriate the property for his own use, or to the use of a person not entitled thereto, in
violation of § 812.014(1) and (2)(c), Florida Statutes, a third degree felony.
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COUNT 53 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about December
1, 2005, and on or about January 31, 2006, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Jeffrey L. McClanahan, Bonnie L. McClanahan, and Patricia J.
McClanahan, with the intent to temporarily or permanently deprive Jeffrey L.
McClanahan, Bonnie L. McClanahan, and Patricia J. McClanahan of a right to the
property, or a benefit therefrom, or to appropriate the property for his own use, or to the
use of a person not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida
Statutes, a second degree felony.
COUNT 54 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about November
1, 2004, and on or about September 30, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
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of another, to wit: Allan L. Murrhee, with the intent to temporarily or permanently
deprive Allan L. Murrhee of a right to the property, or a benefit therefrom, or to
appropriate the property for his own use, or to the use of a person not entitled thereto, in
violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree felony.
COUNT 55 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about October 7, 2005, at
least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON
committed GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor
to obtain or use United States Currency or the equivalent thereof having a value of
$20,000 or more but less than $100,000, the property of another, to wit: Luis Nunez and
Joyce A. Nunez, with the intent to temporarily or permanently deprive Luis Nunez and
Joyce A. Nunez of a right to the property, or a benefit therefrom, or to appropriate the
property for his own use, or to the use of a person not entitled thereto, in violation of §
812.014(1) and (2)(b), Florida Statutes, a second degree felony.
COUNT 56 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about July 1,
2005 and on or about July 31, 2005, at least in part in Alachua County, Florida, defendant
KENNETH WAYNE MOON committed GRAND THEFT, and did willfully and
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knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Tommy Page, with the intent to temporarily or permanently deprive
Tommy Page of a right to the property, or a benefit therefrom, or to appropriate the
property for his own use, or to the use of a person not entitled thereto, in violation of §
812.014(1) and (2)(b), Florida Statutes, a second degree felony.
COUNT 57 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about December
1, 2005 and on or about January 31, 2006, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Gregory Palachuk and Duane Palachuk, with the intent to temporarily
or permanently deprive Gregory Palachuk and Duane Palachuk of a right to the property,
or a benefit therefrom, or to appropriate the property for his own use, or to the use of a
person not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a
second degree felony.
COUNT 58 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
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Special Assistant State Attorney, under oath, charges that on or about November 10,
2005, at least in part in Alachua County, Florida, defendant KENNETH WAYNE
MOON committed GRAND THEFT, and did willfully and knowingly obtain or use, or
endeavor to obtain or use United States Currency or the equivalent thereof having a value
of $20,000 or more but less than $100,000, the property of another, to wit: Frank Perez,
with the intent to temporarily or permanently deprive Frank Perez of a right to the
property, or a benefit therefrom, or to appropriate the property for his own use, or to the
use of a person not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida
Statutes, a second degree felony.
COUNT 59 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about July 1,
2004, and on or about March 31, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Albert W. Rachel, with the intent to temporarily or permanently
deprive Albert W. Rachel of a right to the property, or a benefit therefrom, or to
appropriate the property for his own use, or to the use of a person not entitled thereto, in
violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree felony.
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COUNT 60 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about December 21,
2005, at least in part in Alachua County, Florida, defendant KENNETH WAYNE
MOON committed GRAND THEFT, and did willfully and knowingly obtain or use, or
endeavor to obtain or use United States Currency or the equivalent thereof having a value
of $20,000 or more but less than $100,000, the property of another, to wit: Donald
Richards, with the intent to temporarily or permanently deprive Donald Richards of a
right to the property, or a benefit therefrom, or to appropriate the property for his own
use, or to the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(b),
Florida Statutes, a second degree felony.
COUNT 61 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about August 1,
2005 and on or about January 31, 2006, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Tony Russon and Kim Russon, and Ve Nile Russon, with the intent to
temporarily or permanently deprive Tony Russon and Kim Russon, and Ve Nile Russon
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of a right to the property, or a benefit therefrom, or to appropriate the property for his
own use, or to the use of a person not entitled thereto, in violation of § 812.014(1) and
(2)(b), Florida Statutes, a second degree felony.
COUNT 62 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about October 26, 2005,
at least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON
committed GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor
to obtain or use United States Currency or the equivalent thereof having a value of
$20,000 or more but less than $100,000, the property of another, to wit: Eric Schwarz,
with the intent to temporarily or permanently deprive Eric Schwarz of a right to the
property, or a benefit therefrom, or to appropriate the property for his own use, or to the
use of a person not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida
Statutes, a second degree felony.
COUNT 63 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about July 1,
2005 and on or about December 31, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
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equivalent thereof having a value of $5,000 or more but less than $10,000, the property of
another, to wit: Jabu Sikhakhane, with the intent to temporarily or permanently deprive
Jabu Sikhakhane of a right to the property, or a benefit therefrom, or to appropriate the
property for his own use, or to the use of a person not entitled thereto, in violation of §
812.014(1) and (2)(c), Florida Statutes, a third degree felony.
COUNT 64 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about June 1,
2005, and on or about January 31, 2006, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $100,000 or more, the property of another, to wit:
Larry M. Smith, with the intent to temporarily or permanently deprive Larry M. Smith of
a right to the property, or a benefit therefrom, or to appropriate the property for his own
use, or to the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(a),
Florida Statutes, a first degree felony.
COUNT 65
GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about December 17,
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2005, at least in part in Alachua County, Florida, defendant KENNETH WAYNE
MOON committed GRAND THEFT, and did willfully and knowingly obtain or use, or
endeavor to obtain or use United States Currency or the equivalent thereof having a value
of $10,000 or more but less than $20,000, the property of another, to wit: Tami L. Soper,
with the intent to temporarily or permanently deprive Tami L. Soper of a right to the
property, or a benefit therefrom, or to appropriate the property for his own use, or to the
use of a person not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida
Statutes, a third degree felony.
COUNT 66 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about December
1, 2004 and on or about March 31, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Robert Strickland and Bobby Snodgrass, with the intent to temporarily
or permanently deprive Robert Strickland and Bobby Snodgrass of a right to the property,
or a benefit therefrom, or to appropriate the property for his own use, or to the use of a
person not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a
second degree felony.
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COUNT 67 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about August 1,
2005 and on or about September 30, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $100,000 or more, the property of another, to wit:
Jim Summers, with the intent to temporarily or permanently deprive Jim Summers of a
right to the property, or a benefit therefrom, or to appropriate the property for his own
use, or to the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(a),
Florida Statutes, a first degree felony.
COUNT 68 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about April 1,
2004 and on or about September 30, 2004, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Jane Thompson, with the intent to temporarily or permanently deprive
Jane Thompson of a right to the property, or a benefit therefrom, or to appropriate the
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property for his own use, or to the use of a person not entitled thereto, in violation of §
812.014(1) and (2)(b), Florida Statutes, a second degree felony.
COUNT 69 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about December 15,
2005, at least in part in Alachua County, Florida, defendant KENNETH WAYNE
MOON committed GRAND THEFT, and did willfully and knowingly obtain or use, or
endeavor to obtain or use United States Currency or the equivalent thereof having a value
of $20,000 or more but less than $100,000, the property of another, to wit: Orlando Jack
Velasquez, with the intent to temporarily or permanently deprive Orlando Jack Velasquez
of a right to the property, or a benefit therefrom, or to appropriate the property for his
own use, or to the use of a person not entitled thereto, in violation of § 812.014(1) and
(2)(b), Florida Statutes, a second degree felony.
COUNT 70 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about November
1, 2005 and on or about January 31, 2006, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
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of another, to wit: Errol G. Vestuto, with the intent to temporarily or permanently deprive
Errol G. Vestuto of a right to the property, or a benefit therefrom, or to appropriate the
property for his own use, or to the use of a person not entitled thereto, in violation of §
812.014(1) and (2)(b), Florida Statutes, a second degree felony.
COUNT 71 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that on or about January 25, 2006,
at least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON
committed GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor
to obtain or use United States Currency or the equivalent thereof having a value of
$20,000 or more but less than $100,000, the property of another, to wit: Elizabeth Victor
and Ledona Noel, with the intent to temporarily or permanently deprive Elizabeth Victor
and Ledona Noel of a right to the property, or a benefit therefrom, or to appropriate the
property for his own use, or to the use of a person not entitled thereto, in violation of §
812.014(1) and (2)(b), Florida Statutes, a second degree felony.
COUNT 72 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about September
22, 2005 and on or about November 4, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
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and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $100,000 or more, the property of another, to wit:
Robert S. Waite and Cynthia A. Waite, with the intent to temporarily or permanently
deprive Robert S. Waite and Cynthia A. Waite of a right to the property, or a benefit
therefrom, or to appropriate the property for his own use, or to the use of a person not
entitled thereto, in violation of § 812.014(1) and (2)(a), Florida Statutes, a first degree
felony.
COUNT 73 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about July 1,
2003 and on or about September 30, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Alfred O. Wallace, with the intent to temporarily or permanently
deprive Alfred O. Wallace of a right to the property, or a benefit therefrom, or to
appropriate the property for his own use, or to the use of a person not entitled thereto, in
violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree felony.
COUNT 74 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
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Special Assistant State Attorney, under oath, charges that between on or about July 1,
2003 and on or about August 31, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $100,000 or more, the property of another, to wit:
Thomas Watson and Lillian Beverly Corliss, with the intent to temporarily or
permanently deprive Thomas Watson and Lillian Beverly Corliss of a right to the
property, or a benefit therefrom, or to appropriate the property for his own use, or to the
use of a person not entitled thereto, in violation of § 812.014(1) and (2)(a), Florida
Statutes, a first degree felony.
COUNT 75 GRAND THEFT
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that between on or about November
1, 2005 and on or about December 31, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Jacqueline Woodside, with the intent to temporarily or permanently
deprive Jacqueline Woodside of a right to the property, or a benefit therefrom, or to
appropriate the property for his own use, or to the use of a person not entitled thereto, in
violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree felony.
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COUNT 76 RACKETEERING
WILLIAM P. CERVONE, State Attorney for the Eighth Judicial Circuit of the
State of Florida, prosecuting in Alachua County, Florida, by and through the undersigned
Special Assistant State Attorney, under oath, charges that beginning on or about July 1,
2003 and continuing through on or about January 31, 2006, at least in part in Alachua
County, Florida, defendant KENNETH WAYNE MOON was employed by or did
associate with an enterprise as defined in § 895.02(3), Florida Statutes, to wit: an
association in fact consisting of Kenneth Wayne Moon and James Alexander Falkenburg,
acting together and in concert with each other. The object of such enterprise was to
engage in racketeering activity within the meaning of § 895.02(1), Florida Statutes by
committing crimes chargeable by indictment or information under §§ 517.301(1)(a)1.2.3,
517.302(1) and (2), and 517.312(1), Florida Statutes relating to Investor Fraud and/or §§
812.014(1) and (2)(a),(b),(c), Florida Statutes relating to Grand Theft and/or §
896.101(3)(a)or and(5)(a),(b),(c), Florida Statutes relating to Money Laundering.
Defendant KENNETH WAYNE MOON did willfully and knowingly conduct or
participate in such enterprise directly or indirectly, through a pattern of racketeering
activity as defined in § 895.02(3), Florida Statutes by engaging in at least two incidents
of racketeering activity which had similar intents, results, accomplices, victims, or
methods of commission or were otherwise interrelated by distinguishing characteristics
and were not isolated incidents, including but not limited to the following predicate
incidents:
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PREDICATE INCIDENT 1 UNREGISTERED SELLER OF SECURITIES
Between on or about July 1, 2003 and on or about January 31, 2006, at least in
part in Alachua County, Florida, defendant KENNETH WAYNE MOON, an issuer of
securities, and defendant JAMES ALEXANDER FALKENBURG did willfully and
knowingly sell securities in or from a location in the State of Florida without having first
registered to sell securities with the Office of Financial Regulation, State of Florida, by
offering for sale and/or selling securities in the form of investment contracts to one or
more of the following persons on the approximate dates shown and for the approximate
total investments shown:
The following transactions were committed by defendant Kenneth Wayne Moon. Approximate Approximate Total Dollars Name(s) Date Ranges_________ Investment(s) Perry J. Allen 10/01/2003-06/30/2005 $135,951 Linda and Lanny Baum 01/01/2005-11/30/2005 $ 40,000 (Richard C. Bevard, Karla Bevard, 08/01/2005-11/30/2005 $ 40,000 Marian Bevard, Carlitos Luna) ------------------------- --------- Kathy L. Blackwell 01/06/2006 $ 10,000 Patrick M. Cates, Vivian P. Cates 02/12/2005-09/01/2005 $ 63,000 (Austin D. Coose, Tawna K. Coose, 01/01/2005-06/30/2005 $ 70,000 Horace David Coose, and Douglas Gee)------------------------- ------- (Joseph M. Cremeans, Julie A.Long, 12/01/2005-12/31/05 $ 15,000 Patrick B. Cremeans (Smooth Moves ---------------------------- ------ Piano Movers) --------------------------- ------ Carlo E. Disieno 05/01/2005-11/30/2005 $ 40,000 Yvonne Dunkle 12/19/2005 $ 50,000 Raymon Gomez, Raquel Gomez 11/22/2005 $ 25,000 Warren E. Farren, Patricia Farren 04/01/2005-05/31/2005 $ 75,000 John T Guillerman 11/01/2005-12/31/2005 $ 45,000 John Harbet 02/01/2005-07/31/2005 $ 116,000 Donald L. Jacks 07/01/2005-10/31/2005 $ 94,000 James Karantzis 01/12/2006 $ 35,000 Sue Kearney 11/01/2005-01/31/2006 $ 30,000
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Joseph B. Keen II 09/01/2005-11/30/2005 $ 12,600 Tania Kirschbaum 11/07/2005 $ 25,000 James R. Klein, Sandra Miller 12/17/2005 $ 25,000 Shane T. Law, Jill K. Law 05/01/2005-09/30/2005 $ 75,000 John Lugo, Kelly Hinkley 05/01/2005-05/31/2005 $ 40,000 Nelson F. Maurici 12/01/2004-12/31/2005 $ 13,000 Jeffrey L. McClanahan, Bonnie L. 12/01/2005-01/31/2006 $ 85,000 McClanahan, Patricia J. McClanahan) ------------------------ --------- Allan L. Murrhee 11/01/2004-09/30/2005 $ 90,000 Luis Nunez, Joyce A. Nunez 10/07/2005 $ 30,000 Tommy Page 07/01/2005-07/31/2005 $ 40,000 Duane Palachuk, Gregory J. Palachuk12/01/2005-01/31/2006 $ 65,000 Frank Perez 11/10/2005 $ 25,000 Albert W. Rachel 07/01/2004–03/31/2005 $ 80,000 Donald Richards 12/21/2005 $ 30,000 (Tony Russon, Kim Russon 08/01/2005-01/31/2006 $ 70,000 Ve Nile Russon) ---------------------------- -------- Eric Schwarz 10/26/2005 $ 25,000 Jabu Sikhakhane 07/01/2005-12/31/2005 $ 8,000 Larry M. Smith 06/01/2005-01/31/2006 $ 130,000 Tami L. Soper 12/17/2005 $ 10,000 Robert Strickland, Bobby Snodgrass 12/01/2004-03/31/2005 $ 35,000 Jim Summers 08/01/2005-09/30/2005 $ 180,000 Jane Thompson 04/01/2004-09/30/2004 $ 20,000 Orlando Jack Velasquez 12/15/2005 $ 25,000 Errol G. Vestuto 11/01/2005-01/31/2006 $ 50,000 Elizabeth Victor, Ledona Noel 01/25/2006 $ 35,000 Robert S. Waite, Cynthia A. Waite 09/22/2005-11/04/2005 $ 100,000 Alfred O. Wallace 07/01/2003-09/30/2005 $ 41,500 (Thomas Watson, Lillian Beverly 07/01/2003-08/31/2005 $ 255,500 Corliss) ---------------------------- --------- Jacqueline Woodside 11/01/2005-12/31/2005 $ 20,000 The following transactions were aided and abetted, at least in part, by defendant James Alexander Falkenburg. Approximate Approximate Total Dollars Name(s) Date Ranges ______ Investment(s) (Richard C. Bevard, Karla Bevard, 08/01/2005-11/30/2005 $ 40,000 Marian Bevard, Carlitos Luna) ------------------------- --------- Patrick M. Cates, Vivian P. Cates 09/01/2005 $ 25,000 (Austin D. Coose, Tawna K. Coose, 01/28/2005 $ 30,000 Horace David Coose, and Douglas Gee)------------------------- --------
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(Patrick B. Creameans re Smooth 12/12/05 $ 10,000 Moves Piano Movers) ---------------------------- ------ Yvonne Dunkle 12/19/2005 $ 50,000 Raymon Gomez, Raquel Gomez 11/22/2005 $ 25,000 John T. Guillerman 11/01/2005-12/31/2005 $ 45,000 James Karantzis 01/12/2006 $ 35,000 Sue Kearney 11/01/2005-01/31/2006 $ 30,000 Tania Kirschbaum 11/07/2005 $ 25,000 Shane T. Law, Jill K. Law 06/17/2005 $ 15,000 Nelson F. Maurici 12/01/2005 $ 3,000 Jeffrey L. McClanahan, Bonnie L. 01/11/2006 $ 17,700 McClanahan) ------------------------ --------- Luis Nunez, Joyce A. Nunez 10/07/2005 $ 30,000 Duane Palachuk, Gregory J. Palachuk12/01/2005-01/31/2006 $ 65,000 Frank Perez 11/10/2005 $ 25,000 Albert W. Rachel 03/12/2005 $ 50,000 (Tony Russon, Kim Russon 01/01/2006-01/31/2006 $ 45,000 Ve Nile Russon) ---------------------------- -------- Eric Schwarz 10/26/2005 $ 25,000 Jim Summers 08/01/2005-09/30/2005 $ 180,000 Errol G. Vestuto 01/30/2006 $ 25,000 Elizabeth Victor, Ledona Noel 01/25/2006 $ 35,000 Robert S. Waite, Cynthia A. Waite 09/22/2005-11/04/2005 $ 100,000
all in violation of the Florida Securities and Investor Protection Act, §§ 517.12 and
517.302(1), Florida Statutes, a third degree felony, and § 777.01, Florida Statutes.
PREDICATE INCIDENT 2
SELLING UNREGISTERED SECURITY
Between on or about July 1, 2003 and on or about January 31, 2006, at least in
part in Alachua County, Florida, defendants KENNETH WAYNE MOON, STACEY
LYNN MOON, and JAMES ALEXANDER FALKENBURG did willfully and
knowingly sell securities in or from a location in the State of Florida which were not
registered with the Office of Financial Regulation, State of Florida, by offering for sale
and/or selling unregistered securities in the form of investment contracts to one or more
of the following persons on the approximate dates shown and for the approximate
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investments shown:
The following transactions were committed by defendant Kenneth Wayne Moon. Approximate Approximate Total Dollars Name(s) Date Ranges Investment(s) Perry J. Allen 10/01/2003-06/30/2005 $135,951 Linda and Lanny Baum 01/01/2005-11/30/2005 $ 40,000 (Richard C. Bevard, Karla Bevard, 08/01/2005-11/30/2005 $ 40,000 Marian Bevard, Carlitos Luna) ------------------------- --------- Kathy L. Blackwell 01/06/2006 $ 10,000 Patrick M. Cates, Vivian P. Cates 02/12/2005-09/01/2005 $ 63,000 (Austin D. Coose, Tawna K. Coose, 01/01/2005-06/30/2005 $ 70,000 Horace David Coose, and Douglas Gee)------------------------- ------- (Joseph M. Cremeans, Julie A.Long, 12/01/2005-12/31/05 $ 15,000 Patrick B. Cremeans (Smooth Moves ---------------------------- ------ Piano Movers) --------------------------- ------ Carlo E. Disieno 05/01/2005-11/30/2005 $ 40,000 Yvonne Dunkle 12/19/2005 $ 50,000 Warren E. Farren, Patricia Farren 04/01/2005-05/31/2005 $ 75,000 Raymon Gomez, Raquel Gomez 11/22/2005 $ 25,000 John T. Guillerman 11/01/2005-12/31/2005 $ 45,000 John Harbet 02/01/2005-07/31/2005 $ 116,000 Donald L. Jacks 07/01/2005-10/31/2005 $ 94,000 James Karantzis 01/12/2006 $ 35,000 Sue Kearney 11/01/2005-01/31/2006 $ 30,000 Joseph B. Keen II 09/01/2005-11/30/2005 $ 12,600 Tania Kirschbaum 11/07/2005 $ 25,000 James R. Klein, Sandra Miller 12/17/2005 $ 25,000 Shane T. Law, Jill K. Law 05/01/2005-09/30/2005 $ 75,000 John Lugo, Kelly Hinkley 05/01/2005-05/31/2005 $ 40,000 Nelson F. Maurici 12/01/2004-12/31/2005 $ 13,000 Jeffrey L. McClanahan, Bonnie L. 12/01/2005-01/31/2006 $ 85,000 McClanahan, Patricia J. McClanahan) ------------------------ --------- Allan L. Murrhee 11/01/2004-09/30/2005 $ 90,000 Luis Nunez, Joyce A. Nunez 10/07/2005 $ 30,000 Tommy Page 07/01/2005-07/31/2005 $ 40,000 Duane Palachuk, Gregory J. Palachuk12/01/2005-01/31/2006 $ 65,000 Frank Perez 11/10/2005 $ 25,000 Albert W. Rachel 07/01/2004–03/31/2005 $ 80,000 Donald Richards 12/21/2005 $ 30,000 (Tony Russon, Kim Russon 08/01/2005-01/31/2006 $ 70,000 Ve Nile Russon) ---------------------------- --------
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Eric Schwarz 10/26/2005 $ 25,000 Jabu Sikhakhane 07/01/2005-12/31/2005 $ 8,000 Larry M. Smith 06/01/2005-01/31/2006 $ 130,000 Tami L. Soper 12/17/2005 $ 10,000 Robert Strickland, Bobby Snodgrass 12/01/2004-03/31/2005 $ 35,000 Jim Summers 08/01/2005-09/30/2005 $ 180,000 Jane Thompson 04/01/2004-09/30/2004 $ 20,000 Orlando Jack Velasquez 12/15/2005 $ 25,000 Errol G. Vestuto 11/01/2005-01/31/2006 $ 50,000 Elizabeth Victor, Ledona Noel 01/25/2006 $ 35,000 Robert S. Waite, Cynthia A. Waite 09/22/2005-11/04/2005 $ 100,000 Alfred O. Wallace 07/01/2003-09/30/2005 $ 41,500 (Thomas Watson, Lillian Beverly 07/01/2003-08/31/2005 $ 255,500 Corliss) ---------------------------- --------- Jacqueline Woodside 11/01/2005-12/31/2005 $ 20,000 The following transactions were aided and abetted, at least in part, by defendant James Alexander Falkenburg. Approximate Approximate Total Dollars Name(s) Date Ranges Investment(s) (Richard C. Bevard, Karla Bevard, 08/01/2005-11/30/2005 $ 40,000 Marian Bevard, Carlitos Luna) ------------------------- --------- Patrick M. Cates, Vivian P. Cates 09/01/2005 $ 25,000 (Austin D. Coose, Tawna K. Coose, 01/28/2005 $ 30,000 Horace David Coose, and Douglas Gee)------------------------- ------- (Patrick B. Creameans re Smooth 12/12/05 $ 10,000 Moves Piano Movers) ---------------------------- ------ Yvonne Dunkle 12/19/2005 $ 50,000 Raymon Gomez, Raquel Gomez 11/22/2005 $ 25,000 John T. Guillerman 11/01/2005-12/31/2005 $ 45,000 James Karantzis 01/12/2006 $ 35,000 Sue Kearney 11/01/2005-01/31/2006 $ 30,000 Tania Kirschbaum 11/07/2005 $ 25,000 Shane T. Law, Jill K. Law 06/17/2005 $ 15.000 Nelson F. Maurici 12/01/2005 $ 3,000 Jeffrey L. McClanahan, Bonnie L. 01/11/2006 $ 17,700 McClanahan) ------------------------ --------- Luis Nunez, Joyce A. Nunez 10/07/2005 $ 30,000 Duane Palachuk, Gregory J. Palachuk12/01/2005-01/31/2006 $ 65,000 Frank Perez 11/10/2005 $ 25,000 Albert W. Rachel 03/12/2005 $ 50,000 (Tony Russon, Kim Russon 01/01/2006-01/31/2006 $ 45,000
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Ve Nile Russon) ---------------------------- -------- Eric Schwarz 10/26/2005 $ 25,000 Jim Summers 08/01/2005-09/30/2005 $ 180,000 Errol G. Vestuto 01/30/2006 $ 25,000 Elizabeth Victor, Ledona Noel 01/25/2006 $ 35,000 Robert S. Waite, Cynthia A. Waite 09/22/2005-11/04/2005 $ 100,000 all in violation of the Florida Securities and Investor Protection Act, §§ 517.07 and
517.302(1), Florida Statutes, a third degree felony, and § 777.01, Florida Statutes.
PREDICATE INCIDENT 3
INVESTOR FRAUD – MORE THAN $50,000 AND FIVE OR MORE INVESTORS
Between on or about July 1, 2003 and on or about January 31, 2006, at least in
part in Alachua County, Florida, defendants KENNETH WAYNE MOON and JAMES
ALEXANDER FALKENBURG, did willfully and knowingly commit INVESTMENT
FRAUD in connection with the offer and/or sale of an investment or security in or from a
location in Florida, directly or indirectly, by employing a device, scheme, or artifice to
defraud, or by means of an untrue statement of a material fact or an omission to state a
material fact necessary in order to make the statements made, in the light of the
circumstances under which they were made, not misleading, or by engaging in a
transaction, practice, or course of business which operated as a fraud or deceit upon a
person, and thereby obtained money or property of an aggregate value exceeding $50,000
from five or more persons of the following persons, to wit:
The following transactions were committed by defendant Kenneth Wayne Moon. Approximate Approximate Total Dollars Name(s) Date Ranges Investment(s) Perry J. Allen 10/01/2003-06/30/2005 $135,951 Linda and Lanny Baum 01/01/2005-11/30/2005 $ 40,000
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(Richard C. Bevard, Karla Bevard, 08/01/2005-11/30/2005 $ 40,000 Marian Bevard, Carlitos Luna) ------------------------- --------- Kathy L. Blackwell 01/06/2006 $ 10,000 Patrick M. Cates, Vivian P. Cates 02/12/2005-09/01/2005 $ 63,000 (Austin D. Coose, Tawna K. Coose, 01/01/2005-06/30/2005 $ 70,000 Horace David Coose, and Douglas Gee)------------------------- ------- (Joseph M. Cremeans, Julie A.Long, 12/01/2005-12/31/05 $ 15,000 Patrick B. Cremeans (Smooth Moves ---------------------------- ------ Piano Movers) --------------------------- ------ Carlo E. Disieno 05/01/2005-11/30/2005 $ 40,000 Yvonne Dunkle 12/19/2005 $ 50,000 Warren E. Farren, Patricia Farren 04/01/2005-05/31/2005 $ 75,000 Raymon Gomez, Raquel Gomez 11/22/2005 $ 25,000 John T. Guillerman 11/01/2005-12/31/2005 $ 45,000 John Harbet 02/01/2005-07/31/2005 $ 116,000 Donald L. Jacks 07/01/2005-10/31/2005 $ 94,000 James Karantzis 01/12/2006 $ 35,000 Sue Kearney 11/01/2005-01/31/2006 $ 30,000 Joseph B. Keen II 09/01/2005-11/30/2005 $ 12,600 Tania Kirschbaum 11/07/2005 $ 25,000 James R. Klein, Sandra Miller 12/17/2005 $ 25,000 Shane T. Law, Jill K. Law 05/01/2005-09/30/2005 $ 75,000 John Lugo, Kelly Hinkley 05/01/2005-05/31/2005 $ 40,000 Nelson F. Maurici 12/01/2004-12/31/2005 $ 13,000 Jeffrey L. McClanahan, Bonnie L. 12/01/2005-01/31/2006 $ 85,000 McClanahan, Patricia J. McClanahan) ------------------------ --------- Allan L. Murrhee 11/01/2004-09/30/2005 $ 90,000 Luis Nunez, Joyce A. Nunez 10/07/2005 $ 30,000 Tommy Page 07/01/2005-07/31/2005 $ 40,000 Duane Palachuk, Gregory J. Palachuk12/01/2005-01/31/2006 $ 65,000 Frank Perez 11/10/2005 $ 25,000 Albert W. Rachel 07/01/2004–03/31/2005 $ 80,000 Donald Richards 12/21/2005 $ 30,000 (Tony Russon, Kim Russon 08/01/2005-01/31/2006 $ 70,000 Ve Nile Russon) ---------------------------- -------- Eric Schwarz 10/26/2005 $ 25,000 Jabu Sikhakhane 07/01/2005-12/31/2005 $ 8,000 Larry M. Smith 06/01/2005-01/31/2006 $ 130,000 Tami L. Soper 12/17/2005 $ 10,000 Robert Strickland, Bobby Snodgrass 12/01/2004-03/31/2005 $ 35,000 Jim Summers 08/01/2005-09/30/2005 $ 180,000 Jane Thompson 04/01/2004-09/30/2004 $ 20,000 Orlando Jack Velasquez 12/15/2005 $ 25,000 Errol G. Vestuto 11/01/2005-01/31/2006 $ 50,000 Elizabeth Victor, Ledona Noel 01/25/2006 $ 35,000
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Robert S. Waite, Cynthia A. Waite 09/22/2005-11/04/2005 $ 100,000 Alfred O. Wallace 07/01/2003-09/30/2005 $ 41,500 (Thomas Watson, Lillian Beverly 07/01/2003-08/31/2005 $ 255,500 Corliss) ---------------------------- --------- Jacqueline Woodside 11/01/2005-12/31/2005 $ 20,000 The following transactions were aided and abetted, at least in part, by defendant James Alexander Falkenburg. Approximate Approximate Total Dollars Name(s) Date Ranges Investment(s) (Richard C. Bevard, Karla Bevard, 08/01/2005-11/30/2005 $ 40,000 Marian Bevard, Carlitos Luna) ------------------------- --------- Patrick M. Cates, Vivian P. Cates 09/01/2005 $ 25,000 (Austin D. Coose, Tawna K. Coose, 01/28/2005 $ 30,000 Horace David Coose, and Douglas Gee)------------------------- ------- (Patrick B. Creameans re Smooth 12/12/05 $ 10,000 Moves Piano Movers) ---------------------------- ------ Yvonne Dunkle 12/19/2005 $ 50,000 Raymon Gomez, Raquel Gomez 11/22/2005 $ 25,000 John T. Guillerman 11/01/2005-12/31/2005 $ 45,000 James Karantzis 01/12/2006 $ 35,000 Sue Kearney 11/01/2005-01/31/2006 $ 30,000 Tania Kirschbaum 11/07/2005 $ 25,000 Shane T. Law, Jill K. Law 06/17/2005 $ 15,000 Nelson F. Maurici 12/01/2005 $ 3,000 Jeffrey L. McClanahan, Bonnie L. 01/11/2006 $ 17,700 McClanahan) ------------------------ --------- Luis Nunez, Joyce A. Nunez 10/07/2005 $ 30,000 Duane Palachuk, Gregory J. Palachuk12/01/2005-01/31/2006 $ 65,000 Frank Perez 11/10/2005 $ 25,000 Albert W. Rachel 03/12/2005 $ 50,000 (Tony Russon, Kim Russon 01/01/2006-01/31/2006 $ 45,000 Ve Nile Russon) ---------------------------- -------- Eric Schwarz 10/26/2005 $ 25,000 Jim Summers 08/01/2005-09/30/2005 $ 180,000 Errol G. Vestuto 01/30/2006 $ 25,000 Elizabeth Victor, Ledona Noel 01/25/2006 $ 35,000 Robert S. Waite, Cynthia A. Waite 09/22/2005-11/04/2005 $ 100,000
all in violation of the Florida Securities and Investor Protection Act, §§
517.301(1)(a)1.2.3., 517.302(2), and 517.312(1), Florida Statutes, a first degree felony,
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and § 777.011, Florida Statutes.
PREDICATE INCIDENT 4 MONEY LAUNDERING
On or about between August 24, 2005 and August 26, 2005, at least in part in
Alachua County, Florida, defendant KENNETH WAYNE MOON and defendant JAMES
ALEXANDER FALKENBURG, knowing that the property involved in a financial
transaction represented the proceeds of some form of unlawful activity, did willfully and
knowing commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Richard C.
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Bevard and Karla Bevard to enter into an investment contract and obtained a check from
them payable to defendant KENNETH WAYNE MOON in the amount of $25,000,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG cashed such check at or deposited the funds from such check in an
account in the name of defendant JAMES ALEXANDER FALKENBURG located at
Bank of America, which bank was then engaged in or the activities of which affected
commerce at a location in Florida, pursuant to an agreement or understanding between
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG that defendant JAMES ALEXANDER FALKENBURG would turn
over the funds to defendant KENNETH WAYNE MOON and/or use them as he directed,
all with the intent to promote the carrying out of such specified unlawful activities in
violation of the Securities and Investor Protection Act and/or Grand Theft, OR knowing
that the transactions were designed, in whole or in part, to conceal or disguise the source,
the location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 5 MONEY LAUNDERING
On or about September 1, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
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commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Patrick M.
Cates and Vivian P. Cates to enter into an investment contract and obtained a check from
them payable to defendant KENNETH WAYNE MOON in the amount of $25,000,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG cashed such check at or deposited the funds from such check in an
account in the name of defendant JAMES ALEXANDER FALKENBURG located at
Bank of America, which bank was then engaged in or the activities of which affected
commerce at a location in Florida, pursuant to an agreement or understanding between
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defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG that defendant JAMES ALEXANDER FALKENBURG would turn
over the funds to defendant KENNETH WAYNE MOON and/or use them as he directed,
all with the intent to promote the carrying out of such specified unlawful activities in
violation of the Securities and Investor Protection Act and/or Grand Theft, OR knowing
that the transactions were designed, in whole or in part, to conceal or disguise the source,
the location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 6 MONEY LAUNDERING
On or about January 28, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
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(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Howard D.
Coose and Austin Coose to enter into an investment contract and obtained a check from
them payable to defendant KENNETH WAYNE MOON in the amount of $30,000,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG cashed such check at or deposited the funds from such check in an
account in the name of defendant JAMES ALEXANDER FALKENBURG located at
Bank of America, which bank was then engaged in or the activities of which affected
commerce at a location in Florida, pursuant to an agreement or understanding between
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG that defendant JAMES ALEXANDER FALKENBURG would turn
over the funds to defendant KENNETH WAYNE MOON and/or use them as he directed,
all with the intent to promote the carrying out of such specified unlawful activities in
violation of the Securities and Investor Protection Act and/or Grand Theft, OR knowing
that the transactions were designed, in whole or in part, to conceal or disguise the source,
the location, the true ownership, or the true control of the proceeds of such specified
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unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 7 MONEY LAUNDERING
On or about December 19, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
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TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Yvonne
Dunkle to enter into an investment contract and obtained a check from her payable to
defendant KENNETH WAYNE MOON in the amount of $50,000, defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG cashed such
check at or deposited the funds from such check in an account in the name of defendant
JAMES ALEXANDER FALKENBURG located at Bank of America, which bank was
then engaged in or the activities of which affected commerce at a location in Florida,
pursuant to an agreement or understanding between defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 8 MONEY LAUNDERING
On or about November 22, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
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represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Raymon
Gomez and Raquel Gomez to enter into an investment contract and obtained a check
from them payable to defendant KENNETH WAYNE MOON in the amount of $25,000,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG cashed such check at or deposited the funds from such check in an
account in the name of defendant JAMES ALEXANDER FALKENBURG located at
Bank of America, which bank was then engaged in or the activities of which affected
- 100 -
commerce at a location in Florida, pursuant to an agreement or understanding between
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG that defendant JAMES ALEXANDER FALKENBURG would turn
over the funds to defendant KENNETH WAYNE MOON and/or use them as he directed,
all with the intent to promote the carrying out of such specified unlawful activities in
violation of the Securities and Investor Protection Act and/or Grand Theft, OR knowing
that the transactions were designed, in whole or in part, to conceal or disguise the source,
the location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 9 MONEY LAUNDERING
On or about November 2, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
- 101 -
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced John T.
Guillerman to enter into an investment contract and obtained a check from him payable to
defendant KENNETH WAYNE MOON in the amount of $35,000, defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG cashed such
check at or deposited the funds from such check in an account in the name of defendant
JAMES ALEXANDER FALKENBURG located at Bank of America, which bank was
then engaged in or the activities of which affected commerce at a location in Florida,
pursuant to an agreement or understanding between defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
- 102 -
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 10
MONEY LAUNDERING
On or about January 12, 2006, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
- 103 -
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced James
Karantzis to enter into an investment contract and obtained a check from him payable to
defendant KENNETH WAYNE MOON in the amount of $35,000, defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG cashed such
check at or deposited the funds from such check in an account in the name of defendant
JAMES ALEXANDER FALKENBURG located at Bank of America, which bank was
then engaged in or the activities of which affected commerce at a location in Florida,
pursuant to an agreement or understanding between defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 11 MONEY LAUNDERING
On or about January 3, 2006, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
- 104 -
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Sue Kearney
to enter into an investment contract and obtained a check from her payable to defendant
KENNETH WAYNE MOON in the amount of $20,000, defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG cashed such check at or
deposited the funds from such check in an account in the name of defendant JAMES
ALEXANDER FALKENBURG located at Bank of America, which bank was then
engaged in or the activities of which affected commerce at a location in Florida, pursuant
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to an agreement or understanding between defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 12 MONEY LAUNDERING
On or about November 7, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
- 106 -
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Tania
Kirschbaum to enter into an investment contract and obtained a check from her payable
to defendant KENNETH WAYNE MOON in the amount of $25,000, defendant
KENNETH WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG
cashed such check at or deposited the funds from such check in an account in the name of
defendant JAMES ALEXANDER FALKENBURG located at Bank of America, which
bank was then engaged in or the activities of which affected commerce at a location in
Florida, pursuant to an agreement or understanding between defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG that defendant
JAMES ALEXANDER FALKENBURG would turn over the funds to defendant
KENNETH WAYNE MOON and/or use them as he directed, all with the intent to
promote the carrying out of such specified unlawful activities in violation of the
Securities and Investor Protection Act and/or Grand Theft, OR knowing that the
transactions were designed, in whole or in part, to conceal or disguise the source, the
location, the true ownership, or the true control of the proceeds of such specified
- 107 -
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 13 MONEY LAUNDERING
On or about June 17, 2005, at least in part in Alachua County, Florida, defendant
KENNETH WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG,
knowing that the property involved in a financial transaction represented the proceeds of
some form of unlawful activity, did willfully and knowing commit Money Laundering by
conducting a financial transaction as defined in § 896.101(d), Florida Statutes, with such
property which in fact involved the proceeds of specified unlawful activities, to wit:
violation of the Securities and Investor Protection Act, §§ 517.12 and 517.302(1),
Florida Statutes (issuer selling securities without having first registered with the Office of
Financial Regulation), §§ 517.07 and 517.302(1), Florida Statutes (selling securities
which are not registered with the Office of Financial Regulation), §§ 517.301(1)(a)1.2.3.,
517.302(2), and 517.312(1) Florida Statutes (investor fraud), and/or Grand Theft in
violation of § 812.014(1) and (2)(a),(b),(c), Florida Statutes, with the intent to promote
the carrying on of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR by conducting such financial transaction
with such property knowing that the financial transaction was designed, in whole or in
part, to conceal or disguise the nature, the location, the source, the ownership, or the
control of the proceeds of such unlawful activity;
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TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Shane T. Law
and Jill K. Law to enter into an investment contract and obtained a check from them
payable to defendant KENNETH WAYNE MOON in the amount of $15,000, defendant
KENNETH WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG
cashed such check at or deposited the funds from such check in an account in the name of
defendant JAMES ALEXANDER FALKENBURG located at Bank of America, which
bank was then engaged in or the activities of which affected commerce at a location in
Florida, pursuant to an agreement or understanding between defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG that defendant
JAMES ALEXANDER FALKENBURG would turn over the funds to defendant
KENNETH WAYNE MOON and/or use them as he directed, all with the intent to
promote the carrying out of such specified unlawful activities in violation of the
Securities and Investor Protection Act and/or Grand Theft, OR knowing that the
transactions were designed, in whole or in part, to conceal or disguise the source, the
location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(a) and 896.103, Florida Statutes, a third
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 14 MONEY LAUNDERING
Between on or about January 11, 2006 and January 17, 2006, at least in part in
Alachua County, Florida, defendant KENNETH WAYNE MOON and defendant JAMES
- 109 -
ALEXANDER FALKENBURG, knowing that the property involved in a financial
transaction represented the proceeds of some form of unlawful activity, did willfully and
knowing commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Jeffrey L.
McClanahan and Bonnie L. McClanahan to enter into an investment contract and
obtained a check from them payable to defendant KENNETH WAYNE MOON in the
amount of $17,700, defendant KENNETH WAYNE MOON and defendant JAMES
ALEXANDER FALKENBURG cashed such check at or deposited the funds from such
check in an account in the name of defendant JAMES ALEXANDER FALKENBURG
- 110 -
located at Bank of America, which bank was then engaged in or the activities of which
affected commerce at a location in Florida, pursuant to an agreement or understanding
between defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG that defendant JAMES ALEXANDER FALKENBURG would turn
over the funds to defendant KENNETH WAYNE MOON and/or use them as he directed,
all with the intent to promote the carrying out of such specified unlawful activities in
violation of the Securities and Investor Protection Act and/or Grand Theft, OR knowing
that the transactions were designed, in whole or in part, to conceal or disguise the source,
the location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(a) and 896.103, Florida Statutes, a third
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 15 MONEY LAUNDERING
On or about October 7, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
- 111 -
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Luis Nunez
and Joyce A. Nunez to enter into an investment contract and obtained a check from them
payable to defendant KENNETH WAYNE MOON in the amount of $30,000, defendant
KENNETH WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG
cashed such check at or deposited the funds from such check in an account in the name of
defendant JAMES ALEXANDER FALKENBURG located at Bank of America, which
bank was then engaged in or the activities of which affected commerce at a location in
Florida, pursuant to an agreement or understanding between defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG that defendant
JAMES ALEXANDER FALKENBURG would turn over the funds to defendant
KENNETH WAYNE MOON and/or use them as he directed, all with the intent to
promote the carrying out of such specified unlawful activities in violation of the
Securities and Investor Protection Act and/or Grand Theft, OR knowing that the
- 112 -
transactions were designed, in whole or in part, to conceal or disguise the source, the
location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 16 MONEY LAUNDERING
On or about December 19 or 20, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
- 113 -
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Gregory
Palachuk to enter into an investment contract and obtained a check from him payable to
defendant KENNETH WAYNE MOON in the amount of $25,000, defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG cashed such
check at or deposited the funds from such check in an account in the name of defendant
JAMES ALEXANDER FALKENBURG located at Bank of America, which bank was
then engaged in or the activities of which affected commerce at a location in Florida,
pursuant to an agreement or understanding between defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 17 MONEY LAUNDERING
On or about January 18 or 19, 2006, at least in part in Alachua County, Florida,
- 114 -
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Duane
Palachuk to enter into an investment contract and obtained a check from him payable to
defendant KENNETH WAYNE MOON in the amount of $40,000, defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG cashed such
check at or deposited the funds from such check in an account in the name of defendant
- 115 -
JAMES ALEXANDER FALKENBURG located at Bank of America, which bank was
then engaged in or the activities of which affected commerce at a location in Florida,
pursuant to an agreement or understanding between defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 18 MONEY LAUNDERING
On or about November 10, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
- 116 -
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Frank Perez
to enter into an investment contract and obtained a check from him payable to defendant
KENNETH WAYNE MOON in the amount of $25,000, defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG cashed such check at or
deposited the funds from such check in an account in the name of defendant JAMES
ALEXANDER FALKENBURG located at Bank of America, which bank was then
engaged in or the activities of which affected commerce at a location in Florida, pursuant
to an agreement or understanding between defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
- 117 -
designed, in whole or in part, to conceal or disguise the source, the location, the true
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 19 MONEY LAUNDERING
On or about March 12, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
- 118 -
activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Albert Rachel
to enter into an investment contract and obtained a check from him payable to defendant
KENNETH WAYNE MOON in the amount of $50,000, defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG cashed such check at or
deposited the funds from such check in an account in the name of defendant JAMES
ALEXANDER FALKENBURG located at Bank of America, which bank was then
engaged in or the activities of which affected commerce at a location in Florida, pursuant
to an agreement or understanding between defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 20
MONEY LAUNDERING
On or about January 5, 2006, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
- 119 -
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Tony Russon
and Kim Russon to enter into an investment contract and obtained a check from them
payable to defendant KENNETH WAYNE MOON in the amount of $20,000, defendant
KENNETH WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG
cashed such check at or deposited the funds from such check in an account in the name of
defendant JAMES ALEXANDER FALKENBURG located at Bank of America, which
- 120 -
bank was then engaged in or the activities of which affected commerce at a location in
Florida, pursuant to an agreement or understanding between defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG that defendant
JAMES ALEXANDER FALKENBURG would turn over the funds to defendant
KENNETH WAYNE MOON and/or use them as he directed, all with the intent to
promote the carrying out of such specified unlawful activities in violation of the
Securities and Investor Protection Act and/or Grand Theft, OR knowing that the
transactions were designed, in whole or in part, to conceal or disguise the source, the
location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 21 MONEY LAUNDERING
On or about January 11, 2006, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
- 121 -
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Ve Nile
Russon to enter into an investment contract and obtained a check from him payable to
defendant KENNETH WAYNE MOON in the amount of $15,000, defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG cashed such
check at or deposited the funds from such check in an account in the name of defendant
JAMES ALEXANDER FALKENBURG located at Bank of America, which bank was
then engaged in or the activities of which affected commerce at a location in Florida,
pursuant to an agreement or understanding between defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
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designed, in whole or in part, to conceal or disguise the source, the location, the true
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(a) and 896.103, Florida Statutes, a third
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 22
MONEY LAUNDERING
On or about October 26, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
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activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Eric Schwarz
to enter into an investment contract and obtained a check from him payable to defendant
KENNETH WAYNE MOON in the amount of $25,000, defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG cashed such check at or
deposited the funds from such check in an account in the name of defendant JAMES
ALEXANDER FALKENBURG located at Bank of America, which bank was then
engaged in or the activities of which affected commerce at a location in Florida, pursuant
to an agreement or understanding between defendant KENNETH WAYNE MOON and
defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 23 MONEY LAUNDERING
On or about September 9, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
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FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities Investor Protection Act, §§
517.12 and 517.302(1), Florida Statutes (issuer selling securities without having first
registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1), Florida
Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
Defendant KENNETH WAYNE MOON fraudulently induced Jim Summers to
enter into an investment contract and wire transfer the amount of $75,000 to the credit of
defendant KENNETH WAYNE MOON to a bank account which belonged solely to
defendant JAMES ALEXANDER FALKENBURG located at Bank of America, which
bank was then engaged in or the activities of which affected commerce at a location in
Florida, pursuant to an agreement or understanding between defendant KENNETH
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WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG that defendant
JAMES ALEXANDER FALKENBURG would turn over the funds to defendant
KENNETH WAYNE MOON and/or use them as he directed, all with the intent to
promote the carrying out of such specified unlawful activities in violation of the
Securities and Investor Protection Act and/or Grand Theft, OR knowing that the
transactions were designed, in whole or in part, to conceal or disguise the source, the
location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 24 MONEY LAUNDERING
On or about September 27, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
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(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
Defendant KENNETH WAYNE MOON fraudulently induced Jim Summers to
enter into an investment contract and wire transfer the amount of $30,000 to the credit of
defendant KENNETH WAYNE MOON to a bank account which belonged solely to
defendant JAMES ALEXANDER FALKENBURG located at Bank of America, which
bank was then engaged in or the activities of which affected commerce at a location in
Florida, pursuant to an agreement or understanding between defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG that defendant
JAMES ALEXANDER FALKENBURG would turn over the funds to defendant
KENNETH WAYNE MOON and/or use them as he directed, all with the intent to
promote the carrying out of such specified unlawful activities in violation of the
Securities and Investor Protection Act and/or Grand Theft, OR knowing that the
transactions were designed, in whole or in part, to conceal or disguise the source, the
location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
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degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 25 MONEY LAUNDERING
On or about January 30, 2006, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Errol G.
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Vestuto to enter into an investment contract and obtained a check from him payable to
defendant KENNETH WAYNE MOON in the amount of $25,000, defendant KENNETH
WAYNE MOON and defendant JAMES ALEXANDER FALKENBURG cashed such
check at or deposited the funds from such check in an account in the name of defendant
JAMES ALEXANDER FALKENBURG located at Bank of America, which bank was
then engaged in or the activities of which affected commerce at a location in Florida,
pursuant to an agreement or understanding between defendant KENNETH WAYNE
MOON and defendant JAMES ALEXANDER FALKENBURG that defendant JAMES
ALEXANDER FALKENBURG would turn over the funds to defendant KENNETH
WAYNE MOON and/or use them as he directed, all with the intent to promote the
carrying out of such specified unlawful activities in violation of the Securities and
Investor Protection Act and/or Grand Theft, OR knowing that the transactions were
designed, in whole or in part, to conceal or disguise the source, the location, the true
ownership, or the true control of the proceeds of such specified unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 26 MONEY LAUNDERING
On or about January 25, 2006, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
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896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Elizabeth
Victor and Ledona Noel to enter into an investment contract and obtained a check from
them payable to defendant KENNETH WAYNE MOON in the amount of $35,000,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG cashed such check at or deposited the funds from such check in an
account in the name of defendant JAMES ALEXANDER FALKENBURG located at
Bank of America, which bank was then engaged in or the activities of which affected
commerce at a location in Florida, pursuant to an agreement or understanding between
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
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FALKENBURG that defendant JAMES ALEXANDER FALKENBURG would turn
over the funds to defendant KENNETH WAYNE MOON and/or use them as he directed,
all with the intent to promote the carrying out of such specified unlawful activities in
violation of the Securities and Investor Protection Act and/or Grand Theft, OR knowing
that the transactions were designed, in whole or in part, to conceal or disguise the source,
the location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 27 MONEY LAUNDERING
On or about September 22, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
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Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Robert S.
Waite and Cynthia A. Waite to enter into an investment contract and obtained a check
from them payable to defendant KENNETH WAYNE MOON in the amount of $50,000,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG cashed such check at or deposited the funds from such check in an
account in the name of defendant JAMES ALEXANDER FALKENBURG located at
Bank of America, which bank was then engaged in or the activities of which affected
commerce at a location in Florida, pursuant to an agreement or understanding between
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG that defendant JAMES ALEXANDER FALKENBURG would turn
over the funds to defendant KENNETH WAYNE MOON and/or use them as he directed,
all with the intent to promote the carrying out of such specified unlawful activities in
violation of the Securities and Investor Protection Act and/or Grand Theft, OR knowing
that the transactions were designed, in whole or in part, to conceal or disguise the source,
the location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
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In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 28 MONEY LAUNDERING
On or about November 4, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG, knowing that the property involved in a financial transaction
represented the proceeds of some form of unlawful activity, did willfully and knowing
commit Money Laundering by conducting a financial transaction as defined in §
896.101(d), Florida Statutes, with such property which in fact involved the proceeds of
specified unlawful activities, to wit: violation of the Securities and Investor Protection
Act, §§ 517.12 and 517.302(1), Florida Statutes (issuer selling securities without having
first registered with the Office of Financial Regulation), §§ 517.07 and 517.302(1),
Florida Statutes (selling securities which are not registered with the Office of Financial
Regulation), §§ 517.301(1)(a)1.2.3., 517.302(2), and 517.312(1) Florida Statutes
(investor fraud), and/or Grand Theft in violation of § 812.014(1) and (2)(a),(b),(c),
Florida Statutes, with the intent to promote the carrying on of such specified unlawful
activities in violation of the Securities and Investor Protection Act and/or Grand Theft,
OR by conducting such financial transaction with such property knowing that the
financial transaction was designed, in whole or in part, to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of such unlawful
activity;
- 133 -
TO WIT:
After defendant KENNETH WAYNE MOON fraudulently induced Robert S.
Waite and Cynthia A. Waite to enter into an investment contract and obtained a check
from them payable to defendant KENNETH WAYNE MOON in the amount of $50,000,
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG cashed such check at or deposited the funds from such check in an
account in the name of defendant JAMES ALEXANDER FALKENBURG located at
Bank of America, which bank was then engaged in or the activities of which affected
commerce at a location in Florida, pursuant to an agreement or understanding between
defendant KENNETH WAYNE MOON and defendant JAMES ALEXANDER
FALKENBURG that defendant JAMES ALEXANDER FALKENBURG would turn
over the funds to defendant KENNETH WAYNE MOON and/or use them as he directed,
all with the intent to promote the carrying out of such specified unlawful activities in
violation of the Securities and Investor Protection Act and/or Grand Theft, OR knowing
that the transactions were designed, in whole or in part, to conceal or disguise the source,
the location, the true ownership, or the true control of the proceeds of such specified
unlawful activities;
In violation of §§ 896.101(3)(a) and (5)(b) and 896.103, Florida Statutes, a second
degree felony, and § 777.011, Florida Statutes.
PREDICATE INCIDENT 29
GRAND THEFT
Between on or about October 1, 2003 and on or about June 30, 2005, at least in
part in Alachua County, Florida, defendant KENNETH WAYNE MOON committed
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GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or
use United States Currency or the equivalent thereof having a value of $100,000 or more,
the property of another, to wit: Perry J. Allen, with the intent to temporarily or
permanently deprive Perry J. Allen of a right to the property, or a benefit therefrom, or to
appropriate the property for his own use, or to the use of a person not entitled thereto, in
violation of § 812.014(1) and (2)(a), Florida Statutes, a first degree felony.
PREDICATE INCIDENT 30 GRAND THEFT
Between on or about January 1, 2005 and on or about November 30, 2005, at least
in part in Alachua County, Florida, defendant KENNETH WAYNE MOON committed
GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or
use United States Currency or the equivalent thereof having a value of $20,000 or more
but less than $100,000, the property of another, to wit: Linda Baum and Lanny Baum,
with the intent to temporarily or permanently deprive Linda Baum and Lanny Baum of a
right to the property, or a benefit therefrom, or to appropriate the property for his own
use, or to the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(b),
Florida Statutes, a second degree felony.
PREDICATE INCIDENT 31 GRAND THEFT
Between on or about August 1, 2005 and on or about November 30, 2005, at least
in part in Alachua County, Florida, defendant KENNETH WAYNE MOON committed
GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or
use United States Currency or the equivalent thereof having a value of $20,000 or more
but less than $100,000, the property of another, to wit: Richard C. Bevard, Karla Bevard,
- 135 -
Marian Bevard, and Carlitos Luna, with the intent to temporarily or permanently deprive
Richard C. Bevard, Karla Bevard, Marian Bevard, and Carlitos Luna of a right to the
property, or a benefit therefrom, or to appropriate the property for his own use, or to the
use of a person not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida
Statutes, a second degree felony.
PREDICATE INCIDENT 32 GRAND THEFT
On or about January 6, 2006, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $10,000 or more but less than $20,000, the property
of another, to wit: Kathy L. Blackwell, with the intent to temporarily or permanently
deprive Kathy L. Blackwell of a right to the property, or a benefit therefrom, or to
appropriate the property for his own use, or to the use of a person not entitled thereto, in
violation of § 812.014(1) and (2)(c), Florida Statutes, a third degree felony.
PREDICATE INCIDENT 33 GRAND THEFT
Between on or about February 12, 2005 and September 1, 2005, at least in part in
Alachua County, Florida, defendant KENNETH WAYNE MOON committed GRAND
THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or use
United States Currency or the equivalent thereof having a value of $20,000 or more but
less than $100,000, the property of another, to wit: Patrick M. Cates and Vivian P. Cates,
with the intent to temporarily or permanently deprive Patrick M. Cates and Vivian P.
Cates of a right to the property, or a benefit therefrom, or to appropriate the property for
- 136 -
his own use, or to the use of a person not entitled thereto, in violation of § 812.014(1) and
(2)(b), Florida Statutes, a second degree felony.
PREDICATE INCIDENT 34 GRAND THEFT
Between on or about January 1, 2005 and on or about June 30, 2005, at least in
part in Alachua County, Florida, defendant KENNETH WAYNE MOON committed
GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or
use United States Currency or the equivalent thereof having a value of $20,000 or more
but less than $100,000, the property of another, to wit: Austin D. Coose, Tawna K.
Coose, Horace D. Coose, and Douglas Gee, with the intent to temporarily or permanently
deprive Austin D. Coose, Tawna K. Coose, Horace D. Coose, and Douglas Gee of a right
to the property, or a benefit therefrom, or to appropriate the property for his own use, or
to the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida
Statutes, a second degree felony.
PREDICATE INCIDENT 35 GRAND THEFT
Between on or about December 1, 2005 and on or about December 31, 2005, at
least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON
committed GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor
to obtain or use United States Currency or the equivalent thereof having a value of
$10,000 or more but less than $20,000, the property of another, to wit: Joseph M.
Cremeans, Julie A. Long, and Patrick B. Cremeans (Smooth Moves Piano Movers) with
the intent to temporarily or permanently deprive Joseph M. Cremeans, Julie A. Long, and
Patrick B. Cremeans (Smooth Moves Piano Movers) of a right to the property, or a
- 137 -
benefit therefrom, or to appropriate the property for his own use, or to the use of a person
not entitled thereto, in violation of § 812.014(1) and (2)(c), Florida Statutes, a third
degree felony.
PREDICATE INCIDENT 36 GRAND THEFT
Between on or about May 1, 2005 and on or about November 30, 2005, at least in
part in Alachua County, Florida, defendant KENNETH WAYNE MOON committed
GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or
use United States Currency or the equivalent thereof having a value of $20,000 or more
but less than $100,000, the property of another, to wit: Carlo Disieno, with the intent to
temporarily or permanently deprive Carlo Disieno of a right to the property, or a benefit
therefrom, or to appropriate the property for his own use, or to the use of a person not
entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree
felony.
PREDICATE INCIDENT 37 GRAND THEFT
On or about December 19, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Yvonne Dunkle, with the intent to temporarily or permanently deprive
Yvonne Dunkle of a right to the property, or a benefit therefrom, or to appropriate the
property for his own use, or to the use of a person not entitled thereto, in violation of §
812.014(1) and (2)(b), Florida Statutes, a second degree felony.
- 138 -
PREDICATE INCIDENT 38
GRAND THEFT
Between on or about April 1, 2005 and on or about May 31, 2005, at least in part
in Alachua County, Florida, defendant KENNETH WAYNE MOON committed GRAND
THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or use
United States Currency or the equivalent thereof having a value of $20,000 or more but
less than $100,000, the property of another, to wit: Warren Farren and Patricia Farren,
with the intent to temporarily or permanently deprive Warren Farren and Patricia Farren
of a right to the property, or a benefit therefrom, or to appropriate the property for his
own use, or to the use of a person not entitled thereto, in violation of § 812.014(1) and
(2)(b), Florida Statutes, a second degree felony.
PREDICATE INCIDENT 39 GRAND THEFT
On or about November 22, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Raymon Gomez and Raquel Gomez, with the intent to temporarily or
permanently deprive Raymon Gomez and Raquel Gomez of a right to the property, or a
benefit therefrom, or to appropriate the property for his own use, or to the use of a person
not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a second
degree felony.
- 139 -
PREDICATE INCIDENT 40 GRAND THEFT
Between on or about November 1, 2005 and on or about December 31, 2005, at
least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON
committed GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor
to obtain or use United States Currency or the equivalent thereof having a value of
$20,000 or more but less than $100,000, the property of another, to wit: John T.
Guillerman, with the intent to temporarily or permanently deprive John T. Guillerman of
a right to the property, or a benefit therefrom, or to appropriate the property for his own
use, or to the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(b),
Florida Statutes, a second degree felony.
PREDICATE INCIDENT 41
GRAND THEFT
Between on or about February 1, 2005 and on or about July 31, 2005, at least in
part in Alachua County, Florida, defendant KENNETH WAYNE MOON committed
GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or
use United States Currency or the equivalent thereof having a value of $100,000 or more,
the property of another, to wit: John Harbet, with the intent to temporarily or permanently
deprive John Harbet of a right to the property, or a benefit therefrom, or to appropriate
the property for his own use, or to the use of a person not entitled thereto, in violation of
§ 812.014(1) and (2)(a), Florida Statutes, a first degree felony.
PREDICATE INCIDENT 42 GRAND THEFT
Between on or about July 1, 2005 and on or about October 31, 2005, at least in
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part in Alachua County, Florida, defendant KENNETH WAYNE MOON committed
GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or
use United States Currency or the equivalent thereof having a value of $20,000 or more
but less than $100,000, the property of another, to wit: Donald L. Jacks, with the intent to
temporarily or permanently deprive Donald L. Jacks of a right to the property, or a
benefit therefrom, or to appropriate the property for his own use, or to the use of a person
not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a second
degree felony.
PREDICATE INCIDENT 43 GRAND THEFT
On or about January 12, 2006, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: James Karantzis, with the intent to temporarily or permanently deprive
James Karantzis of a right to the property, or a benefit therefrom, or to appropriate the
property for his own use, or to the use of a person not entitled thereto, in violation of §
812.014(1) and (2)(b), Florida Statutes, a second degree felony.
PREDICATE INCIDENT 44 GRAND THEFT
Between on or about November 1, 2005 and on or about January 31, 2006, at least
in part in Alachua County, Florida, defendant KENNETH WAYNE MOON committed
GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or
use United States Currency or the equivalent thereof having a value of $20,000 or more
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but less than $100,000, the property of another, to wit: Sue Kearney, with the intent to
temporarily or permanently deprive Sue Kearney of a right to the property, or a benefit
therefrom, or to appropriate the property for his own use, or to the use of a person not
entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree
felony.
PREDICATE INCIDENT 45 GRAND THEFT
Between on or about September 1, 2005 and on or about November 30, 2005, at
least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON
committed GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor
to obtain or use United States Currency or the equivalent thereof having a value of
$10,000 or more but less than $20,000, the property of another, to wit: Joseph B. Keen,
with the intent to temporarily or permanently deprive Joseph B. Keen of a right to the
property, or a benefit therefrom, or to appropriate the property for his own use, or to the
use of a person not entitled thereto, in violation of § 812.014(1) and (2)(c), Florida
Statutes, a third degree felony.
PREDICATE INCIDENT 46 GRAND THEFT
On or about November 7, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Tania Kirschbaum, with the intent to temporarily or permanently
deprive Tania Kirschbaum of a right to the property, or a benefit therefrom, or to
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appropriate the property for his own use, or to the use of a person not entitled thereto, in
violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree felony.
PREDICATE INCIDENT 47 GRAND THEFT
On or about December 17, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: James R. Klein and Sandra Miller, with the intent to temporarily or
permanently deprive James R. Klein and Sandra Miller of a right to the property, or a
benefit therefrom, or to appropriate the property for his own use, or to the use of a person
not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a second
degree felony.
PREDICATE INCIDENT 48 GRAND THEFT
Between on or about May 1, 2005, and on or about September 30, 2005, at least in
part in Alachua County, Florida, defendant KENNETH WAYNE MOON committed
GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or
use United States Currency or the equivalent thereof having a value of $20,000 or more
but less than $100,000, the property of another, to wit: Shane T. Law and Jill K. Law,
with the intent to temporarily or permanently deprive Shane T. Law and Jill K. Law of a
right to the property, or a benefit therefrom, or to appropriate the property for his own
use, or to the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(b),
Florida Statutes, a second degree felony.
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PREDICATE INCIDENT 49 GRAND THEFT
Between on or about May 1, 2005, and on or about May 31, 2005, at least in part
in Alachua County, Florida, defendant KENNETH WAYNE MOON committed GRAND
THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or use
United States Currency or the equivalent thereof having a value of $20,000 or more but
less than $100,000, the property of another, to wit: John Lugo and Kelly Hinkley, with
the intent to temporarily or permanently deprive John Lugo and Kelly Hinkley of a right
to the property, or a benefit therefrom, or to appropriate the property for his own use, or
to the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida
Statutes, a second degree felony.
PREDICATE INCIDENT 50 GRAND THEFT
Between on or about December 1, 2004 and on or about December 31, 2005, at
least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON
committed GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor
to obtain or use United States Currency or the equivalent thereof having a value of
$10,000 or more but less than $20,000, the property of another, to wit: Nelson F. Maurici,
with the intent to temporarily or permanently deprive Nelson F. Maurici of a right to the
property, or a benefit therefrom, or to appropriate the property for his own use, or to the
use of a person not entitled thereto, in violation of § 812.014(1) and (2)(c), Florida
Statutes, a third degree felony.
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PREDICATE INCIDENT 51 GRAND THEFT
Between on or about December 1, 2005, and on or about January 31, 2006, at
least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON
committed GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor
to obtain or use United States Currency or the equivalent thereof having a value of
$20,000 or more but less than $100,000, the property of another, to wit: Jeffrey L.
McClanahan, Bonnie L. McClanahan, and Patricia J. McClanahan, with the intent to
temporarily or permanently deprive Jeffrey L. McClanahan, Bonnie L. McClanahan, and
Patricia J. McClanahan of a right to the property, or a benefit therefrom, or to appropriate
the property for his own use, or to the use of a person not entitled thereto, in violation of
§ 812.014(1) and (2)(b), Florida Statutes, a second degree felony.
PREDICATE INCIDENT 52 GRAND THEFT
Between on or about November 1, 2004, and on or about September 30,2005, at
least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON
committed GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor
to obtain or use United States Currency or the equivalent thereof having a value of
$20,000 or more but less than $100,000, the property of another, to wit: Allan L.
Murrhee, with the intent to temporarily or permanently deprive Allan L. Murrhee of a
right to the property, or a benefit therefrom, or to appropriate the property for his own
use, or to the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(b),
Florida Statutes, a second degree felony.
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PREDICATE INCIDENT 53 GRAND THEFT
On or about October 7, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Luis Nunez and Joyce A. Nunez with the intent to temporarily or
permanently deprive Luis Nunez and Joyce A. Nunez of a right to the property, or a
benefit therefrom, or to appropriate the property for his own use, or to the use of a person
not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a second
degree felony.
PREDICATE INCIDENT 54
GRAND THEFT
Between on or about July 1, 2005 and on or about July 31, 2005, at least in part in
Alachua County, Florida, defendant KENNETH WAYNE MOON committed GRAND
THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or use
United States Currency or the equivalent thereof having a value of $20,000 or more but
less than $100,000, the property of another, to wit: Tommy Page, with the intent to
temporarily or permanently deprive Tommy Page of a right to the property, or a benefit
therefrom, or to appropriate the property for his own use, or to the use of a person not
entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree
felony.
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PREDICATE INCIDENT 55 GRAND THEFT
Between on or about December 1, 2005 and on or about January 31, 2006, at least
in part in Alachua County, Florida, defendant KENNETH WAYNE MOON committed
GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or
use United States Currency or the equivalent thereof having a value of $20,000 or more
but less than $100,000, the property of another, to wit: Gregory Palachuk and Duane
Palachuk, with the intent to temporarily or permanently deprive Gregory Palachuk and
Duane Palachuk of a right to the property, or a benefit therefrom, or to appropriate the
property for his own use, or to the use of a person not entitled thereto, in violation of §
812.014(1) and (2)(b), Florida Statutes, a second degree felony.
PREDICATE INCIDENT 56 GRAND THEFT
On or about November 10, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Frank Perez, with the intent to temporarily or permanently deprive
Frank Perez of a right to the property, or a benefit therefrom, or to appropriate the
property for his own use, or to the use of a person not entitled thereto, in violation of §
812.014(1) and (2)(b), Florida Statutes, a second degree felony.
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PREDICATE INCIDENT 57 GRAND THEFT
Between on or about July 1, 2004 and on or about March 31, 2005, at least in part
in Alachua County, Florida, defendant KENNETH WAYNE MOON committed GRAND
THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or use
United States Currency or the equivalent thereof having a value of $20,000 or more but
less than $100,000, the property of another, to wit: Albert W. Rachel, with the intent to
temporarily or permanently deprive Albert W. Rachel of a right to the property, or a
benefit therefrom, or to appropriate the property for his own use, or to the use of a person
not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a second
degree felony.
PREDICATE INCIDENT 58 GRAND THEFT
On or about December 21, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Donald Richards, with the intent to temporarily or permanently deprive
Donald Richards of a right to the property, or a benefit therefrom, or to appropriate the
property for his own use, or to the use of a person not entitled thereto, in violation of §
812.014(1) and (2)(b), Florida Statutes, a second degree felony.
PREDICATE INCIDENT 59 GRAND THEFT
Between on or about August 1, 2005 and on or about January 31, 2006, at least in
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part in Alachua County, Florida, defendant KENNETH WAYNE MOON committed
GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or
use United States Currency or the equivalent thereof having a value of $20,000 or more
but less than $100,000, the property of another, to wit: Tony Russon and Kim Russon,
and Ve Nile Russon, with the intent to temporarily or permanently deprive Tony Russon
and Kim Russon, and Ve Nile Russon of a right to the property, or a benefit therefrom, or
to appropriate the property for his own use, or to the use of a person not entitled thereto,
in violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree felony.
PREDICATE INCIDENT 60
GRAND THEFT
On or about October 26, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Eric Schwarz, with the intent to temporarily or permanently deprive
Eric Schwarz of a right to the property, or a benefit therefrom, or to appropriate the
property for his own use, or to the use of a person not entitled thereto, in violation of §
812.014(1) and (2)(b), Florida Statutes, a second degree felony.
PREDICATE INCIDENT 61 GRAND THEFT
Between on or about July 1, 2005 and on or about December 31, 2005, at least in
part in Alachua County, Florida, defendant KENNETH WAYNE MOON committed
GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or
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use United States Currency or the equivalent thereof having a value of $5,000 or more
but less than $10,000, the property of another, to wit: Jabu Sikhakhane, with the intent to
temporarily or permanently deprive Jabu Sikhakhane of a right to the property, or a
benefit therefrom, or to appropriate the property for his own use, or to the use of a person
not entitled thereto, in violation of § 812.014(1) and (2)(c), Florida Statutes, a third
degree felony.
PREDICATE INCIDENT 62 GRAND THEFT
Between on or about June 1, 2005 and on or about January 31, 2006, at least in
part in Alachua County, Florida, defendant KENNETH WAYNE MOON committed
GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or
use United States Currency or the equivalent thereof having a value of $100,000 or more,
the property of another, to wit: Larry M. Smith, with the intent to temporarily or
permanently deprive Larry M. Smith of a right to the property, or a benefit therefrom, or
to appropriate the property for his own use, or to the use of a person not entitled thereto,
in violation of § 812.014(1) and (2)(a), Florida Statutes, a first degree felony.
PREDICATE INCIDENT 63 GRAND THEFT
On or about December 17, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $10,000 or more but less than $20,000, the property
of another, to wit: Tami L. Soper, with the intent to temporarily or permanently deprive
Tami L. Soper of a right to the property, or a benefit therefrom, or to appropriate the
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property for his own use, or to the use of a person not entitled thereto, in violation of §
812.014(1) and (2)(b), Florida Statutes, a third degree felony.
PREDICATE INCIDENT 64
GRAND THEFT
Between on or about December 1, 2004 and on or about March 31, 2005, at least
in part in Alachua County, Florida, defendant KENNETH WAYNE MOON committed
GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or
use United States Currency or the equivalent thereof having a value of $20,000 or more
but less than $100,000, the property of another, to wit: Robert Strickland and Bobby
Snodgrass, with the intent to temporarily or permanently deprive Robert Strickland and
Bobby Snodgrass of a right to the property, or a benefit therefrom, or to appropriate the
property for his own use, or to the use of a person not entitled thereto, in violation of §
812.014(1) and (2)(b), Florida Statutes, a second degree felony.
PREDICATE INCIDENT 65 GRAND THEFT
Between on or about August 1, 2005 and on or about September 30, 2005, at least
in part in Alachua County, Florida, defendant KENNETH WAYNE MOON committed
GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or
use United States Currency or the equivalent thereof having a value of $100,000 or more,
the property of another, to wit: Jim Summers, with the intent to temporarily or
permanently deprive Jim Summers of a right to the property, or a benefit therefrom, or to
appropriate the property for his own use, or to the use of a person not entitled thereto, in
violation of § 812.014(1) and (2)(a), Florida Statutes, a first degree felony.
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PREDICATE INCIDENT 66 GRAND THEFT
Between on or about April 1, 2004 and on or about September 30, 2004, at least
in part in Alachua County, Florida, defendant KENNETH WAYNE MOON committed
GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or
use United States Currency or the equivalent thereof having a value of $20,000 or more
but less than $100,000, the property of another, to wit: Jane Thompson, with the intent to
temporarily or permanently deprive Jane Thompson of a right to the property, or a benefit
therefrom, or to appropriate the property for his own use, or to the use of a person not
entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree
felony.
PREDICATE INCIDENT 67
GRAND THEFT
On or about December 15, 2005, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Orlando Jack Velasquez, with the intent to temporarily or permanently
deprive Orlando Jack Velasquez of a right to the property, or a benefit therefrom, or to
appropriate the property for his own use, or to the use of a person not entitled thereto, in
violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree felony.
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PREDICATE INCIDENT 68 GRAND THEFT
Between on or about November 1, 2005 and on or about January 31, 2006, at least
in part in Alachua County, Florida, defendant KENNETH WAYNE MOON committed
GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or
use United States Currency or the equivalent thereof having a value of $20,000 or more
but less than $100,000, the property of another, to wit: Errol G. Vestuto, with the intent to
temporarily or permanently deprive Errol G. Vestuto of a right to the property, or a
benefit therefrom, or to appropriate the property for his own use, or to the use of a person
not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a second
degree felony.
PREDICATE INCIDENT 69 GRAND THEFT
On or about January 25, 2006, at least in part in Alachua County, Florida,
defendant KENNETH WAYNE MOON committed GRAND THEFT, and did willfully
and knowingly obtain or use, or endeavor to obtain or use United States Currency or the
equivalent thereof having a value of $20,000 or more but less than $100,000, the property
of another, to wit: Elizabeth Victor and Ledona Noel, with the intent to temporarily or
permanently deprive Elizabeth Victor and Ledona Noel of a right to the property, or a
benefit therefrom, or to appropriate the property for his own use, or to the use of a person
not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a second
degree felony.
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PREDICATE INCIDENT 70 GRAND THEFT
Between on or about September 22, 2005 and November 4, 2005, at least in part
in Alachua County, Florida, defendant KENNETH WAYNE MOON committed GRAND
THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or use
United States Currency or the equivalent thereof having a value of $100,000 or more, the
property of another, to wit: Robert S. Waite and Cynthia A. Waite, with the intent to
temporarily or permanently deprive Robert S. Waite and Cynthia A. Waite of a right to
the property, or a benefit therefrom, or to appropriate the property for his own use, or to
the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(a), Florida
Statutes, a first degree felony.
PREDICATE INCIDENT 71
GRAND THEFT
Between on or about July 1, 2003 and on or about September 30, 2005, at least in
part in Alachua County, Florida, defendant KENNETH WAYNE MOON committed
GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or
use United States Currency or the equivalent thereof having a value of $20,000 or more
but less than $100,000, the property of another, to wit: Alfred O. Wallace, with the intent
to temporarily or permanently deprive Alfred O. Wallace of a right to the property, or a
benefit therefrom, or to appropriate the property for his own use, or to the use of a person
not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida Statutes, a second
degree felony.
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PREDICATE INCIDENT 72 GRAND THEFT
Between on or about July 1, 2003 and on or about August 31, 2005, at least in part
in Alachua County, Florida, defendant KENNETH WAYNE MOON committed GRAND
THEFT, and did willfully and knowingly obtain or use, or endeavor to obtain or use
United States Currency or the equivalent thereof having a value of $100,000 or more, the
property of another, to wit: Thomas Watson and Lillian Beverly Corliss, with the intent to
temporarily or permanently deprive Thomas Watson and Lillian Beverly Corliss of a
right to the property, or a benefit therefrom, or to appropriate the property for his own
use, or to the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(a),
Florida Statutes, a first degree felony.
PREDICATE INCIDENT 73 GRAND THEFT
Between on or about November 1, 2005 and on or about December 31, 2005, at
least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON
committed GRAND THEFT, and did willfully and knowingly obtain or use, or endeavor
to obtain or use United States Currency or the equivalent thereof having a value of
$20,000 or more but less than $100,000, the property of another, to wit: Jacqueline
Woodside, with the intent to temporarily or permanently deprive Jacqueline Woodside of
a right to the property, or a benefit therefrom, or to appropriate the property for his own
use, or to the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(b),
Florida Statutes, a second degree felony.
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WILLIAM P. CERVONE STATE ATTORNEY
BY: ____________________________ RONALD D. LEE FL BAR # 190667 BRIAN L. FERNANDES FL BAR # 186295 Special Assistant State Attorneys Office of Statewide Prosecution PL-01, The Capitol Tallahassee, Florida 32399-1050 Tel # 850-414-3700 Fax # 850-922-6191 AND MICHAEL BECKER FL BAR # 270740 Assistant State Attorney Office of the State Attorney 120 West University Ave. Gainesville, Florida 32602 Tel # 352-374-3670 Fax # 352-491-4553
STATE OF FLORIDA) ) ss:
COUNTY OF LEON )
Personally appeared before me, Ronald D. Lee, Special Assistant State Attorney for the Eighth Judicial Circuit, State of Florida, who, being first duly sworn, says that he has received testimony under oath, which, if true, would constitute the offenses herein charged, and that this prosecution is instituted in good faith.
Sworn to and subscribed before me this ____ day of ________, 2007, by Ronald D. Lee,
who is personally known to me.
________________________________ Notary Public State of Florida at Large