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


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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




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





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


COUNT 5

INVESTOR FRAUD – MORE THAN $50,000 AND FIVE OR MORE INVESTORS





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



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


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.




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;

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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



















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Special Assistant State Attorney, under oath, charges that on or about January 28, 2005,


















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


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COUNT 9

MONEY LAUNDERING



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

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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




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;






Special Assistant State Attorney, under oath, charges that on or about November 22,










- 21 -









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,












- 22 -








Special Assistant State Attorney, under oath, charges that on or about November 2, 2005,






the proceeds of specified unlawful activities to wit: violation of the Securities and









- 23 -




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










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;



- 24 -






















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



















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 -

















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




















- 28 -











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







Special Assistant State Attorney, under oath, charges that on or about June 17, 2005, at













- 30 -






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














- 31 -

In violation of §§ 896.101(3)(a) and (5)(a) and 896.103, Florida Statutes, a third





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
















- 32 -


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












- 33 -


Special Assistant State Attorney, under oath, charges that on or about October 7, 2005, at


















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


- 34 -



















Special Assistant State Attorney, under oath, charges that on or about December 19 or 20,




- 35 -















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







- 36 -













Special Assistant State Attorney, under oath, charges that on or about January 18 or 19,










- 37 -









TO WIT:

After defendant KENNETH WAYNE MOON fraudulently induced Duane














- 38 -























- 39 -



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


















- 40 -


Special Assistant State Attorney, under oath, charges that on or about March 12, 2005, at


















TO WIT:

After defendant KENNETH WAYNE MOON fraudulently induced Albert Rachel



- 41 -























- 42 -














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








- 43 -























- 44 -









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













- 45 -







Special Assistant State Attorney, under oath, charges that on or about October 26, 2005,
















- 46 -



TO WIT:

After defendant KENNETH WAYNE MOON fraudulently induced Eric Schwarz



















- 47 -


Special Assistant State Attorney, under oath, charges that on or about September 9, 2005,


















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 -

















Special Assistant State Attorney, under oath, charges that on or about September 27,






- 49 -













TO WIT:











- 50 -























- 51 -






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
















- 52 -






















- 53 -

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




















- 54 -

Special Assistant State Attorney, under oath, charges that on or about September 22,


















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



- 55 -























- 56 -














TO WIT:










- 57 -










COUNT 31 GRAND THEFT



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.

- 58 -




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,



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.









of another, to wit: Richard C. Bevard, Karla Bevard, Marian Bevard, and Carlitos Luna,

- 59 -

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.





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


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.




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,


- 60 -



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.




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,




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



felony.

- 61 -









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


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.




Special Assistant State Attorney, under oath, charges that between on or about May 1,





- 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.






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.




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,


- 63 -



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



degree felon








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.




- 64 -

Special Assistant State Attorney, under oath, charges that between on or about November





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






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,




John Harbet, with the intent to temporarily or permanently deprive John Harbet of a right


to the use of a person not entitled thereto, in violation of § 812.014(1) and (2)(a), Florida

Statutes, a first degree felony.

- 65 -





2005 and on or about October 31, 2005, at least in part in Alachua County, Florida,




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







at least in part in Alachua County, Florida, defendant KENNETH WAYNE MOON



$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

- 66 -

use of a person not entitled thereto, in violation of § 812.014(1) and (2)(b), Florida






1, 2005 and on or about January 31, 2006, at least in part in Alachua County, Florida,




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






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,




- 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


812.014(1) and (2)(c), Florida Statutes, a third degree felony.








$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.







- 68 -


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







2005, and on or about September 30, 2005, at least in part in Alachua County, Florida,




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



felony.




- 69 -


2005, and on or about May 31, 2005, at least in part in Alachua County, Florida,




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



felony.









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


violation of § 812.014(1) and (2)(c), Florida Statutes, a third degree felony.

- 70 -





1, 2005, and on or about January 31, 2006, at least in part in Alachua County, Florida,




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








1, 2004, and on or about September 30, 2005, at least in part in Alachua County, Florida,




- 71 -

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






Special Assistant State Attorney, under oath, charges that on or about October 7, 2005, at




$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







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

- 72 -

knowingly obtain or use, or endeavor to obtain or use United States Currency or the


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











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.




- 73 -





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








2004, and on or about March 31, 2005, at least in part in Alachua County, Florida,




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



- 74 -








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












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

- 75 -

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.




Special Assistant State Attorney, under oath, charges that on or about October 26, 2005,




$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








2005 and on or about December 31, 2005, at least in part in Alachua County, Florida,



- 76 -

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


812.014(1) and (2)(c), Florida Statutes, a third degree felony.




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,




Larry M. Smith, with the intent to temporarily or permanently deprive Larry M. Smith of




COUNT 65

GRAND THEFT




- 77 -




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



Statutes, a third degree felony.





1, 2004 and on or about March 31, 2005, at least in part in Alachua County, Florida,




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.

- 78 -





2005 and on or about September 30, 2005, at least in part in Alachua County, Florida,




Jim Summers, with the intent to temporarily or permanently deprive Jim Summers of a







Special Assistant State Attorney, under oath, charges that between on or about April 1,





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

- 79 -










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












- 80 -

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










$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






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,


- 81 -



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


entitled thereto, in violation of § 812.014(1) and (2)(a), Florida Statutes, a first degree

felony.









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






- 82 -


2003 and on or about August 31, 2005, at least in part in Alachua County, Florida,




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


use of a person not entitled thereto, in violation of § 812.014(1) and (2)(a), Florida










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



- 83 -

COUNT 76 RACKETEERING



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:

- 84 -

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

- 85 -

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)------------------------- --------

- 86 -

(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


PREDICATE INCIDENT 2

SELLING UNREGISTERED SECURITY


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

- 87 -

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) ---------------------------- --------

- 88 -

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

- 89 -

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



INVESTOR FRAUD – MORE THAN $50,000 AND FIVE OR MORE INVESTORS


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

- 90 -

(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

- 91 -

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,

- 92 -

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.

- 93 -

Bevard and Karla Bevard to enter into an investment contract and obtained a check from


















On or about September 1, 2005, at least in part in Alachua County, Florida,


FALKENBURG, knowing that the property involved in a financial transaction

represented the proceeds of some form of unlawful activity, did willfully and knowing

- 94 -

commit Money Laundering by conducting a financial transaction as defined in §













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







- 95 -












On or about January 28, 2005, at least in part in Alachua County, Florida,











- 96 -







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














- 97 -





On or about December 19, 2005, at least in part in Alachua County, Florida,

















activity;

- 98 -

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

















On or about November 22, 2005, at least in part in Alachua County, Florida,



- 99 -















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






- 100 -



















specified unlawful activities to wit: violation of the Securities and Investor Protection




- 101 -








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













- 102 -





MONEY LAUNDERING


















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




















- 104 -















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






- 105 -























- 106 -







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













- 107 -





On or about June 17, 2005, at least in part in Alachua County, Florida, defendant

















- 108 -

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


















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 §













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











On or about October 7, 2005, at least in part in Alachua County, Florida,









- 111 -









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












- 112 -







On or about December 19 or 20, 2005, at least in part in Alachua County, Florida,
















- 113 -


activity;

TO WIT:

After defendant KENNETH WAYNE MOON fraudulently induced Gregory


















On or about January 18 or 19, 2006, at least in part in Alachua County, Florida,

- 114 -

















activity;

TO WIT:

After defendant KENNETH WAYNE MOON fraudulently induced Duane





- 115 -























- 116 -









activity;

TO WIT:

After defendant KENNETH WAYNE MOON fraudulently induced Frank Perez













- 117 -






On or about March 12, 2005, at least in part in Alachua County, Florida,

















- 118 -

activity;

TO WIT:

After defendant KENNETH WAYNE MOON fraudulently induced Albert Rachel


















MONEY LAUNDERING



- 119 -
















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





- 120 -























- 121 -









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












- 122 -






MONEY LAUNDERING


















- 123 -

activity;

TO WIT:

After defendant KENNETH WAYNE MOON fraudulently induced Eric Schwarz




















- 124 -





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








activity;

TO WIT:







- 125 -























- 126 -







activity;

TO WIT:
















- 127 -




















activity;

TO WIT:

After defendant KENNETH WAYNE MOON fraudulently induced Errol G.

- 128 -

Vestuto to enter into an investment contract and obtained a check from him payable to






















- 129 -













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








- 130 -























- 131 -






activity;

TO WIT:

















- 132 -





















activity;

- 133 -

TO WIT:




















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

- 134 -

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


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


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





Between on or about August 1, 2005 and on or about November 30, 2005, at least




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









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


violation of § 812.014(1) and (2)(c), Florida Statutes, a third degree felony.


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



Between on or about January 1, 2005 and on or about June 30, 2005, at least in




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





Between on or about December 1, 2005 and on or about December 31, 2005, at




$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 -


not entitled thereto, in violation of § 812.014(1) and (2)(c), Florida Statutes, a third

degree felony.


Between on or about May 1, 2005 and on or about November 30, 2005, at least in




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



felony.






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



- 138 -


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



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 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



degree felony.

- 139 -


Between on or about November 1, 2005 and on or about December 31, 2005, at




$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





GRAND THEFT

Between on or about February 1, 2005 and on or about July 31, 2005, at least in




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.


Between on or about July 1, 2005 and on or about October 31, 2005, at least in

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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



degree felony.






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




Between on or about November 1, 2005 and on or about January 31, 2006, at least




- 141 -

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



felony.


Between on or about September 1, 2005 and on or about November 30, 2005, at




$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


use of a person not entitled thereto, in violation of § 812.014(1) and (2)(c), Florida







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

- 142 -








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



degree felony.


Between on or about May 1, 2005, and on or about September 30, 2005, at least in




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




- 143 -


Between on or about May 1, 2005, and on or about May 31, 2005, at least in part




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





Between on or about December 1, 2004 and on or about December 31, 2005, at




$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


use of a person not entitled thereto, in violation of § 812.014(1) and (2)(c), Florida


- 144 -


Between on or about December 1, 2005, and on or about January 31, 2006, at




$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.


Between on or about November 1, 2004, and on or about September 30,2005, at




$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




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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



degree felony.


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



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



felony.

- 146 -


Between on or about December 1, 2005 and on or about January 31, 2006, at least




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








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



- 147 -


Between on or about July 1, 2004 and on or about March 31, 2005, at least in part




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



degree felony.






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




Between on or about August 1, 2005 and on or about January 31, 2006, at least in

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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


in violation of § 812.014(1) and (2)(b), Florida Statutes, a second degree felony.


GRAND THEFT





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




Between on or about July 1, 2005 and on or about December 31, 2005, at least in



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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


not entitled thereto, in violation of § 812.014(1) and (2)(c), Florida Statutes, a third

degree felony.


Between on or about June 1, 2005 and on or about January 31, 2006, at least in




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


in violation of § 812.014(1) and (2)(a), Florida Statutes, a first degree felony.






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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812.014(1) and (2)(b), Florida Statutes, a third degree felony.


GRAND THEFT

Between on or about December 1, 2004 and on or about March 31, 2005, at least




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




Between on or about August 1, 2005 and on or about September 30, 2005, at least




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


violation of § 812.014(1) and (2)(a), Florida Statutes, a first degree felony.

- 151 -


Between on or about April 1, 2004 and on or about September 30, 2004, at least




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



felony.


GRAND THEFT





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



- 152 -


Between on or about November 1, 2005 and on or about January 31, 2006, at least




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



degree felony.






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



degree felony.

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Between on or about September 22, 2005 and November 4, 2005, at least in part



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



GRAND THEFT

Between on or about July 1, 2003 and on or about September 30, 2005, at least in




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



degree felony.

- 154 -


Between on or about July 1, 2003 and on or about August 31, 2005, at least in part



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





Between on or about November 1, 2005 and on or about December 31, 2005, at




$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




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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

IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN...

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