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UNITEI) STATES DISTRICT CO URT
SO UTHERN DISTRICT OF FLORIDA
CASE NO. 13-10034-CR-JEM (s)(s)
18 U.S.C. j 1349
18 U.S.C- j 1344
18 U.S.C. j 1014
18 U.S.C. j 1341
18 U.S.C. j 1512(c)(2)
18 U.S.C. j 2
18 U.S.C. j 981(a)(1)(C)
18 U.S.C. j 982(a)(2)(A)
FILED by .
22T 2 1 2215
STEVEN . LARIMORE
CLERKU s DIST CT
s. D. of dlA. - M/MI
UNITED STATES OF AM ERICA
VS.
FRED DAVIS CLARK, JR.,
a/k/a isDave Clark,''
Defendant.
/
SECOND SUPERSEDING INDICTM ENT
The Grand Jury charges that:
G ENERAL ALLEGATIO NS
At times m aterial to this Second Superseding Indictment:
JpMorgan Chase Bank, N.A.(ii-lpMorgan Chase'') and Fiflh rl-hird Bank, N.A.
(ùkls-it-th Thirdf') were tinancial institutions with oftices in Florida and elsewhere
,
and whose
aecottnts and deposits were insured by the Federal Deposit lnsurance Corporation (t:FDlC'')
From in or around November 2004, through in or around July 2008
,
Cay Clubs
Resorts and M arinas (t'Cay Clubf-) sold vondominium units in purported luxury resorts
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Florida and elsewhere, including in the Florida Keys. Det-endant FRED DAVIS CLARK
,
JR.
was the President of Cay Clubs and had authority over its use of funds
'lahe ten'n A'closing'' referred to the legal event at which the transt-er of an interest
in real estate t'rom seller to buyer formally took place, as well as the point at which funds were
supposed to be transferred between the various parties, such as from the lending institution to the
buyer or to the seller on the buyer's behalf.
The term timortgage'' was used in the real estate industry to refer to a loan to
tinance the purchase of real estates usually with specified paym ent periods and interest rates
,
in
which the borrower/mortgagor gave the lender/mortgagee a lien on the property as collateral for
the loan.
A HUD-I Settlement Statement (i-HUD- 1 Statementf') was a standard form
required to be executed for the closing of al1 real estate transactions
. The HUD- l Statement
itemized all aspects of the closing for the lender, including any payments made by the borrower
,
money due to the seller, and any tkes paid to third parties in connection with the closing
.
kkcash to close-' referred to the m onetary obligations to be met by
the buyer in
order for a closing on a particular real estate transaction to be completed
.
An -ûinducement to borrower'' referred to a payment or other tinancial benetst
provided by the seller to the bonower that was prom ised to the borrower as part of the real estate
transaction.
The term 'Vstraw buyer'' referred to a borrower who
,
for a fee or other benefst.
allowed their identity and eredit to be used to obtain a mortgage loan
.
CM Z Group, LTD, was a Caym an Islands company
,
and along with its affiliates,
including CashW iz Holdings, LTD and lsland Elements
,
Cl, LTD (collectively, ':CMZ''),
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operated pawn shops in the Caribbean. CM Z generated revenue by purchasing gold from
customers and selling it to a third party for a profit. FRED DAVIS CLARK , JR
.
w as a
principal in CM Z and its predecessor entities from at least in or around October 20l 0
,
through in
or around January 201 3.
10. Cristal Clear Charters, LI-C (i'CCC''), was a Florida limited liability company
with a bank aceount at Bank of America ($ûBofA'-) in Key Largo, Florida, ending in xl 973
.
DC6. l-lvC (--DC6'-), was a Florida limited liability company with a bank aeeount
at BofA in Key Largo, Florida, ending in x2558.
Exchange Commission
(û'SEC''). as part of offscial investigation number No. 171.-03343, took the sworn testimony of
FRED DAVIS CLARK, JR. at the SEC'S offices in M iam i. Florida
.
On or about M ay 1 3,201 1, the U.S. Securities and
FRED DAVIS CLARK,
JR. testitied concerning his income and the location of any bank aecounts
,
funds or assets within
his possession, custody or control.
Beginning on or about January 3 1 , 2013, and continuing through at least in or
around April 2013, FRED DAVIS CLARK, JR. caused a series of funds transfers from the
Caym an lslands to third party accounts in the Republic of Honduras
,
and elsewhere.
COUNT 1
Conspiracy to Comm it Bank Fraud
(18 U.S.C. 5 1349)
Paragraphs l through 8 of the General Allegations section of this Second
Superseding lndictment are re-alleged and incorporated herein by referenee
.
Beginning in or around November 2004, and continuing until at least in or around
M ay 20l l , in M onroe County- in the Southern District of Florida
,
and elsewhere, the defendant.
FRED DAVIS CLARK, JR.,
a/k/a iilàave Clark,''
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did willfully, that is,with the intent to further the object of the conspiracy, and knowingly
combine, eonspire, confederate, and agree wilh others known and unknown to the Grand Jury to
comm it an offense against the United States
,
that is, to knowingly, and with the intent to defraud
,
execute and cause the execution of a schem e and artitice to obtain any of the moneys
,
funds,
credits, assets, securities, and other property owned by
,
and under the custody and control of, one
or more tsnancial institutions, including JP M organ Chase and Fifth Third
,
by means of false and
t'raudulent pretenses, representations
,
and promises relating to a material fact
,
in violation of
'l-itle 1 8. United States Code. Section 1 344(2).
PURPOSE OF THE CONSPIRACY
lt was a purpose of the conspiracy for the detkndant and his conspirators to
unlawfully enrieh themselves by misleading and defrauding lending institutions
,
by (a) using
straw borrowers to purchase condominium units in investment properties; (b) submitting false
and fraudulent loan applications and related documents to lending institutions
,
thereby inducing
the lending institutions to loan, in some transactions
,
more money than they otherwise would
have loaned' (c) preparing and submitting to the lenders false and fraudulent HUD-I Statements
that did not accurately reflect the payments made by the borrower; and (d) diverting fraud
proeeeds for their personal use and benefit, and to further the f'raud schem e
.
M ANNER AND M EANS O F THE CONSPIRACY
The manner and means by which the defendant and his conspirators sought to accomplish
the object and purpose of the conspiracy included, among others, the following:
FRED DAVIS CLARK, JR. and his conspirators would operate numerous
corporate entities using the nam e ûûcay Clubs
,
'' and would create bank accounts for each entity
.
FRED DAVIS CLARK, JR. would have others listed as signatories or account holders on bank
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accounts, and keep his name off of bank accounts.
and to avoid collection on an outstanding unpaid
CLARK, JR. from 1989 ofapproximately $6. 1 million.
This was done to conceal his compensation
eottrt judgment against FRED DAVIS
ln order to profit f'rom the operation of Cay Clubs
,
and to pay the financial
obligations of Cay Clubs, FRED DAVIS CLARK, JR. and his conspitators would orchestrate
the purported sale or retlnance of Cay Clubs units that he controlled
.
6. FRED DAVIS CLARK, JR., would identify insiders including certain family
members, such as Conspirator //1 , Conspirator 2
,
Conspirator //3 and Conspirator 4, to act as
straw borrowers for loans that were used to purchase Cay Clubs units
. Co-conspirators
prepared and caused to be prepared on behalf of the straw borrowers fraudulent loan
employment, Wages, aSSCtS and
and documents were subm itted by
applications. which included false information related to
liabilities. These false and t'raudulent loan applications
co-conspirators to various mortgage lenders in the United States
,
including fsnancial institutions
such as JP M organ Chase, Fifth Third, and other lenders, including Countrywide Hom e Loans
.
In connection with the purchase of properties, FRED DAVIS CLARK
,
JR. and
other conspirators prepared and caused to be prepared false and fraudulent HUD-I Statements
which, among other things, falsely and fraudulently represented to the mortgage lenders that the
straw borrowers had met their down payment and cash to close obligations
,
when, in fact, the
straw borrowers never made any of these paym ents.
8. FRED DAVIS CLARK. JR. executed HUD-I Statements in which he falsely
and fraudulently represented that the HUD- 1 Statem ents accurately
disbursem ents made in the transactions. 'I-he l-ltqD-1 Statelments
retlected a1l receipts and
eoncealed the fact that the
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borrower's down payment and cash to close obligations were paid by a Cay Clubs entity
controlled by FRED DAVIS CLARK , JR.
The iIUD-I Statements would fail to disclose tsnancial inducem ents made to the
borrowers- including com missions, furniture packages and leaseback payments paid or promised
to be paid by the seller as part ofthe transaction
.
10. To suppol't certain of the false and fraudulentloan applications provided to
lenders, FRED DAVIS CLARK, JR. would cause others to submit lo the lender: (a) documents
containing false signatures and notarizations; (b) false supporting documentation including false
lease agreements' and (c) tax returns and pay stubs containing false and misleading infonnation
.
Based on the false and t'raudulent loan applications and HUD- l Statements
,
the
mortgage lender provided funds that were dcposited into Cay Clubs accounts that FRED DAVIS
CLARK, JR. controlled and were available for his personal benefst and to further the t'raud
.
l 2. For loans obtained in the names of straw borrowers
,
the borrowers listed on the
loan applications did not make the mortgage payments
.
lnstead, for a period of time atïer the
transactions closed. FRED DAVIS CLARK, JR. caused the monthly mortgage payments for
these loans to be paid from accounts he controlled
. Subseqblently, FRED DAVIS CLARK,
JR. stopped making the payments and
substantial losses to the lenders.
the mortgages went into t-oreclosure, resulting in
During the scheme, FRED DAVIS CLARK, JR. would make false and
t'raudulent statements to others as to his income related to Cay Clubs as a means of concealing
his role in the fraud and use of Cay Clubs funds to obtain loans for his personal benetst
A1l in violation of Title l 8, United States Code, Seetion l 349
.
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COUNTS 2-4
Bank Fraud
(18 U.S.C. j 1344)
Paragraphs 1 through 8 of the General Allegations section of this Second
Superseding lndictment are re-alleged and incop orated herein by reference.
Beginning in or around November 2004, and continuing until at leasl in or around
M ay 201 l , in M onroe County, in the Southern District of Florida, and elsewhere
.
the defendant,
FRED DAVIS CLARK , JR.,
a/k/a içllave Clarkr''
did knowingly and with the intent to detiaud, execute. and attempt to execblte
,
and cause the
execution of, a scheme and artitsce to obtain any of the moneys, funds, credits
,
assets, securities,
or other property owned by, and under the custody and controlof
,
one or more t'inancial
institutions, including JP M organ Chase and Fifth Third
,
by means of false and fraudulent
faet, in violation of Title l 8,retenses, representations, and prom ises relating to a material
United States Code. Sections 1344(2) and 2.
PURPOSE OF THE SCH EM E AND ARTIFICE
It was a purpose of the scheme and artifice tbr the detkndant to unlawt-ully enrich
himself by misleading and detiauding lending institutions,by (a) using straw borrowers to
purchase condominium units in investment properties; (b) sublnitting false and fraudulent loan
applications and related documents to lending institutions, thereby inducing the lending
institutions to loan, in some transactions, more money than they otherwise would have loaned;
(c) preparing and submitting to the lenders false and f'raudulent HUD-I Statements that did not
accurately retlect the payments made by the borrower; and (d) diverting fraud proceeds for his
personal use and benefit- and to further the t'raud scheme.
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THE SCHEM E AND ARTIFICE
l'he M anner and Means section of Count 1 of this Second Superseding Indictment
is re-alleged and incorporated by reference as though fully set forth herein as a description of the
scheme and artifice.
EXECUTION O F THE SCHEM E AND ARTIFIC E
On or about the dates specified as to each count below, in M onroe County, in the
Southern District of Florida, and elsewhere, the detkndant did execute
,
and cause the execution
otl the aforesaid scheme and artitsce to defraud, as more particularly described below:
.
. . . . . . .
. . .
2 10/1 3/2006 W ire transfer of $51 ,778.40 for cash to close fbr loan from JP
Morgan Chase of $1 ,100,000 in the name of Conspirator 1 for
1 1600 First Ave. Gulf, Unit 41 , M arathon, FL
3 1 0/26/2006 W ire transfer of $162,070.20 for cash to close for loan from .1P
Morgan Chase of $646,757 in the name of Conspirator //1 , for 19
Som brero Blvd., Unit 426, M arathon, FL
4 l 0/27/2006 W ire transfer of $235,258.45 for cash to close for loan from JP
M organ Chase in amount of $565,912 in the names of Conspirator
//2 and Conspirator //3 for 19 Sombrero Blvd., Unit 432, M arathon
,
171.
In violation of-l-itle l 8. United States Code. Sections l 344(2) and 2.
CO UNTS 5-7
False Statement In Connection W ith Federally lnsured Loan
(18 U.S.C. j 1014)
Paragraphs through 8 of the General Allegations sedion of this Second
Superseding lndictment are re-alleged and incorporated herein by reference.
On or about the dates set tbrth as to each count below. in M onroe County, in the
Southern District of Florida, and elsewhere, the defendant,
8
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FRED DAVIS CLARK, JR.,
a/k/a iilàave Clark,''
did knowingly and willfully make false statements in connection with a Ioan application and
loan, to a lsnancial institution, that is, JP M organ Chase, the accounts and deposits of which were
insured by the FDIC, which statements the defendant knew to be false, and which statements the
detkndant made with the intent to intluence the action of JP M organ Chase upon an application
for a loan and a loan, as speeitied below by eount:
5 10/26/2006 Execution of HUD-I Statement representing that $162,070.20 for
cash to close for a loan in amount of $646,757 in the name of
Conspirator 1, for 19 Sombrero Blvd., Unit 426, M arathon, FL, was
from the borrower.
6 1 0/27/2006 Execution of HUD- l Statement representing that $235.258.45 tbr
cash to close for a loan in amount of $565,91 2 in the names of
Conspirator //2 and Conspirator //3 for 19 Sombrero Blvd., Unit 432,
M arathon, FL, was from the borrowers.
7 10/27/2006 Execution of HUD-I Statement representing that $235,249.95 for
cash to close for a loan in amount of $565,912 in the name of
Conspirator 4 for 19 Sombrero Blvd., Unit 433, M arathons FL, was
from the borrower.
ln violation of Title 18, United States Code, Sedions 10l 4 and 2.
COUNT 8
Conspiracy to Comm it M ail and W ire Fraud
(18 U.S.C. j 1349)
Paragraphs 9 through 1 3 of the General A llegations section of this Second
Superseding lndictment are re-alleged and incorporated herein by refkrence.
Beginning in or around October 20l 0. and continuing until at least in or around
April 20 l 3, in M onroe Cotmty, in the Southel'n District of Florida, and elsewhere, the defendant,
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FRED DAVIS CLARK , JR.,
a/lt/a dsDave Clark,''
did willfklly, that is, with the intent to further the ohjects of the conspiracy, and knowingly
combine, conspire, confederate, and agree with others known and unknown to the Grand Jury:
to knowingly and with intent to defraud, devise and intend to devise a scheme and
artit-ice to defraud and to obtain money and property by means of materially false and fraudulent
pretenses, representations. and promises, knowing that they were false and fraudulent when
made, and knowingly causing to be delivered certain mail matter by U.S. mail and by private and
comm ercial interstate carriers according to the directions thereon, for the purpose of executing
the scheme, in violation ofl-itle 18. United States Code- Section l 34l ' and
to knowingly and with intent to defraud, devise and intend to devise a scheme and
artifice to defraud, and to obtain money and property by m eans of materially false and fraudulent
pretenses, representations, and promises, knowing that they were false and fraudulent when
made, and transm itting and causing to be transmitted in interstate and foreign comm erce
,
by
means of wire communication. certain writings, signs, signals, picttlres and sounds
,
for the
purpose of executing the scheme and artitice, in violation of Title 1 8, United States
Section 1343.
PURPOSE OF THE CONSPIM CY
lt was a purpose of the conspiracy for the defendant and his conspirators to
unlawfully enrich themselves by lnisappropriation and diversion of funds owed to their business
partners and investors at CM Z and affiliated entities, to themselves, by concealing cash
withdrawals, transfers and payments of such funds to themselves or third parties tbr their
personal use and benefit.
10
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M ANNER AND M EANS OF THE CONSPIRACY
The manner and means by which the defendant and his conspirators sought to accomplish
the objects and purpose of the conspiracy included, among others, the following:
FRED DAVIS CLARK, JR.would m aintain bank accounts at BofA in Key
Largo, Florida, in 1he name of CCC and DC6 (ûithe Key Largo aeeounts''). The defendant
would receive m onthly bank statements and other correspondence via U.S. M ail by using a post
office box he controlled. located at P.O. Box l 1 1 9- vl-avernier. Florida. 33070, among other
places.
Funds were generated from the operation of the business of CM Z and its aftsliates
by obtaining raw materials including gold and precious m etals from pawn shops in the
Caribbean, and shipping these materials to a third party smelting plant in lllinois. These fundss
at times totaling hundreds of thousands of dollars per month, would then be transferred into the
Key Largo accounts.
FRED DAVIS CLARK, JR. and others acting at his direction, would make false
and m isleading representations to others about the purpose of using the Key Largo accounts and
the malmer in which the funds transferred into the accounts were used. These representations
failed to disclose that the revenues of the company were subject to the personal and
tlndocumented use by FRED DAVIS CLARK , JR. and his family m embers
.
FRED DAVIS CLARK JR. and his family members would make cash
withdrawals and electronic funds transfers from the Key Largo accounts for their own personal
use and benefit, including for consumer ' goods. meals,
tuition, and other business ventures.
travel, entertainm ent, private school
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W hen questions were asked by the principals, investors or outside auditors of
CM Z and its aftiliates for an aecounting of the use of f'unds or expenses related to the Key Largo
accounts, FRED DAVIS CLARK JR. and Conspirator //1 would execute phony agreements to
falsely explain and coneeal how the funds were used. and to make the use of funds appear to be
rclated to a business purpose. FRED DAVIS CLARK JR. and Conspirator //1 would also
execute tax returns with false vlaims of employment and business expenses
,
to make it appear
that the personal use of funds from the accounts constituted employment income from CM Z or
were business expenses ofthe CCC and DC6 entities.
Shortly before the SEC tsled an action against him on January 30, 2013
,
FRED
DAVID CLARK , JR. inform ed the other principals of CM Z that he would be sued by the SEC
.
FRED DAVIS CLARK, JR. then executed an agreement with CM Z to be paid for his interest in
the entity without disclosing the diversion a'd misappropriation of funds that FRED DAVIS
CLARK JR. had caused from the pawn shop revenues and CMZ'S other business accounts from
approxim ately October 2010 through approximately January 20l 3. In this way
,
FRED DAVIS
CLARK, JR. caused CM Z and its aftsliates to value his interest in the business and pay him for
that interest in an amount far in excess of what he would have received but for the hidden
diversion of funds, false statements, and concealment of material infonnation during the course
of the scheme.
10. On or about February 27, 2013, before a payment of nearly $2 million was to be
made to FRED DAVIS CLARK, JR. as part of his separation agreement. questions were asked
by the CM Z principals regarding the potential diversion of funds by the defendant through the
Key Largo accounts. The CM Z principals made a request to lndividual 1 and lndividual 2,
persons who acted at the direction of FRED DAVIS CLARK JR., but were employed by CMZ,
12
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for copies of the Key Largo account statements. FRED DAVIS CLARK, JR. directed
lndividual //1 and lndividual //2 not to provide a copy to CM Z to avoid detection of defendant's
fraudulent conduct.
All in violation of-l-itle l 8, United States Code, Section l 349.
COUNTS 9-11
M ail Fraud
(18 U.S.C. 1 1341)
Paragraphs 9 through 1 3 of the General Allegations section of this Second
Superseding lndictment are re-alleged and incorporated herein by reference
.
Beginning in or around October 2010, and continuing until at lcast in or around
April 2013, in M onroe County, in the Southel'n Distrid of Florida, and elsewhere
,
the defendant,
FRED DAVIS CLARK , JR.,
a/lda $6Dave Clark,''
did knowingly and with intent to defraud. devise and intend to devise a seheme and artifice to
detiaud and to obtain money and property by means of m aterially false and fraudulent pretenses
.
representations. and prom ises, knowing that the pretenses, representations. and promises were
false and fraudulent when made, and knowingly caused to be delivered certain mail matter by
U.S. mail and by private and comm ercial interstate carrier, according to directions thereon for
the purpose of executing the schem e and artitice.
PURPOSE OF THE SCH EM E AND ARTIFICE
lt was a purpose ofthe scheme and artifsce for the defendant and his accomplices
to unlawfully enrich thelmselves by misappropriation and diversion of funds owed to their
business partners and investors at CM Z and aftsliated entities, to themselvess by concealing cash
withdrawals, transfers and paym ents of such funds to thcmsclvcs or third parties for their
personal use and benetit.
13
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THE SCHEM E AND ARTIFICE
The M anner and M eans section of Count 8 of this Second Superseding lndictment
are re-alleged and incorporated herein by reference as a description of the scheme and artifice.
USE O F THE M AILS
On or about the dates specified as to each count below , FRED DAVIS CLARK
JR., tbr the purpose of executing and in furtherance of the afbresaid schem e and artifice to
defraud and to obtain money and property by means of materially false and fraudulent pretenses,
representations and promises, knowing that they were false and fraudulent when m ade, did
knowingly cause to be delivered by U.S. mail and by private and commercial interstate carrier,
according to the directions thereon, the items identifsed below in each count:
Bank statement for CCC BofA account ending in x1973,
9 November 30, 2010 delivered via U.S. mail to P.O, Box 1 1 19. Tavernier, Florida,
33070
Bank statement fbr CCC BofA account ending in x1973,
10 March 31, 20l 1 delivered via U.S. mail to P.O. Box 1 1 19, Tavernier, Florida,
33070
Bank statement for CCC BofA account ending in x 1 973,
11 M ay 3 1, 201 1 delivered via U.S. m ail to P.O. Box 1 1 19, Tavernier, Florida,
33070
ln violation of Title 18, United States Code, Sections l 341 and 2.
CO UNT 12
Obstruction of O fficial Proceeding
(18 U.S.C. j 1512(c)(2))
The General Allegations section of this Second Superseding Indictment is
re-alleged and incorporated herein by reference.
From at least on or about M ay 1 3, 201 1 , through at least on or about April 22,
2013, in M iami-Dade County, in the Southern District of Florida, and elsewhere, the detkndant,
14
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FRED DAVIS CLARK, JR.,
a/k/a çslàave Clark,''
did con-uptly obstrtlct, intluence, and impede, and endeavor to obstruct, intluence, and impede
,
the due and proper adm inistration of the law under which a pending proceeding was being
conducted, specitically to frustrate the ability of the U. S. Securities and Exchange Comm ission
,
an agency of the United States, in relation to official investigation number No. 17L-03343
,
to
investigate alleged fraud involving Cay Clubs, and identit-y income, assets and bank accounts
attributable to the defendant, and otherwise trace proceeds of the alleged fraud, to wit
,
by
providing tlalse and misleading testimony, engaging in certain financial transactions
,
using shell
entities, and other conduct designed to conceal the source. location and control of income, assets
and funds owned and controlled by FRED DAVIS CLARK, JR.
ln violation of Title l 8, United States Code, Sections l 5l2(c)(2) and 2.
FO RFEITURE
(18 U.S.C. jj981(a)(1)(C) & 982(a)(2)(A))
The General Allegations sedion, and the allegations of Counts l through 12 of
this Sècond Superseding Indictment are re-alleged and incorporated herein by retkrence for the
purpose of alleging tbrfeiture to the United States of America, of property in which defendant
,
FRED DAVIS CLARK , JR., has an interest.
Upon conviction of any of the offenses alleged in Counts 1 through 7 of this
Second Superseding lndictment, FRED DAVIS CLARK JR. shall forfeit to the United States
any property constituting or derived from proeeeds the defendant obtained directly or indireetly
as the result of such oftknse or a conspiracy to com mit such offense.
Upon conviction of any of the offenses alleged in Counts 8 through 12 of this
Second Superseding Indictment, FRED DAVIS CLARK JR. shall forfeit to the United States
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any property, real or personal, whieh constitutes or is derived from proceeds traceable to sueh
offense or a conspiracy to comm it such offense.
The property subjed to forfeiture, upon convielion of any of thc offenses eharged
in this Second Superseding lndictment, shall include, but is not limited to:
a sum of money equal in value to the proceeds traceable to the offensetsl;
a sum of approximately $1 ,699,675 transferred on or about April 22, 20l 3 to a
bank account in the nam e of Dinero Shop, SA at Banco Davivienda, ending in x461 1
in Roatan,
Honduras which sum has been transferred to and frozen by the Honduras Oftice of Public
M inistry'
a sum of approximately $452,519.52 previously contained in a bank' account in
the name of Dinero Shop, SA at Baneo Davivienda, ending in x461 1 , in Roatan, Honduras which
sum has been transtkrred to and t'rozen by the Hondtlras Ot1sce of Public M inistry'
,
d. a sum of approximately $125,000 wired by Travers, Thorpe, Alberga, Cayman
lsland Attorneys at the direction of Fred Davis Clark, Jr., to a Scotia Bank account ending in
x8056, and
The funds, shares and business interest described by Defendant Fed Davis Clark
,
Jr.. during his deposition in Case No. l 3-ClV-1001 l-KilAg, taken on December 6. 20l 3 at Parrot
Tree Plantation, Roatan Bay lslands, Honduras more fully-described at pages l 5
,
l 7, l 8 and 21
of the record of said deposition, generally described as $400,000 to $500,000 in funds issued by
CM Z to the benefit of Fred Davis Clark, Jr. and subsequently transtkrred to or for the benefit of
Fred Davis Clark. Jr. to obtain an ownership interest in a tourist medical venture at Parrot Tree
Plantation, in Roatan, Honduras.
16
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Pursuant to Title 21 , United States Code, Section 853(p), made applicable through
Title 28. United States Code, Section 2461 and through Title 18, United States Code
,
Section
982(b), if any property described above as being subject to forfeiture, as a result of any act or
omission of the defendant: cannot be located upon due diligence' has been transferred
,
sold to, or
deposited with a third party; has been plaeed beyond the jurisdiction of the Court; has been sub-
stantially diminished in value; or, has been commingled with other property which cannot be
subdivided without diftsculty; it is the intent of the United States to seek the fort-eiture of other
property ofthe defendant up to the value of the above-described forfeitable property
.
All pursuant to Title l 8, United States Code, Sections 981(a)( l )(C) and 982(a)(2)(A), and
the procedures set forth in Title 2 1 , United States Codes Section 853.
A TRUE BIL1w
FOREPERSON
f
* NIFREDO A
.
FERRER
UNITED STATES ATTORNEY
JER O DUFFY
THO AS A. W ATTS-FITZGERALD
ASSISTANT UNITED STA'INES A'FTORNEYS
M ICIIAEL D. PADULA
SPECIAL ASSISTANT ITNITED STATES ATTORNEY
Case 4:13-cr-10034-JEM Document 351 Entered on FLSD Docket 10/02/2015 Page 17 of 20
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
UNITED STATES OF AM ERICA
VS .
FRED DAVIS CLARK, 1R.
CASE NO. 13-10034-CR-JEM(s)(s)
CERTIFICATE OF TRIAL ATTORNEY*
Defendant.
Superseding Case Information:
New Defendantts)
Number of New Defendants
Total number of counts
Court Division: (Select one)
M i a m i X
FTL
Yes
12
X
Key W est
W P B
1 do hereby certify that:
Ihave carefully considered the allegations of the indictment, the number of defendants
,
the number of
probable witnesses and the Iegal complexities of the Indictment/lnformation attached hereto.
Iam aware that the information supplied on this statement will be relied upon by the Judges of this Court in
setting their calendars and scheduling criminal trials under the mandate of the Speedy Trial Act
,
Title 28
U.S.C. Section 3161.
Interpreter: (Yes or No)
List Ianguage and/or dialect
This case will take 18 days for the parties to try.
Please check appropriate category and type of offense Iisted below:
NO
(Check only one)
0 to 5 days
6 to 10 days
11 to 20 days
21 to 60 days
61 days and over
6. Has this case been previously filed in this District Court? (Yes or No) Yes
If yes:
Judge: Hon. Jose E. Martinez Case No. 13-10034-CR-JEM
Has a complaint been filed in this matter? (Yes or No) No
If yes:
Magistrate Case No.
Related Miscellaneous numbers:
Defendantts) in federal custody as of une ,
Defendantts) in state custody as of
Rule 20 from the Dlstrlct o
Is this a potential death penalty case? (Yes or No) No
Petty
M inor
Misdem.
Felony
X
' ' ' -
y
Does this case originate from a matter pending in the Northern Region of the U.S. Attorney's Office prior to
October 14, 2003? Yes X No
Does this case originate from a matter pending in the Central Region of the U.S,Attorney's Office prior to
September 1, 2007? Yes X No
*penalty Sheetts) attached
JER B U FY
ASS TA T UNITED STATES ATTORNEY
Cou t I A5501106
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UNITED STATES DISTRICT CO URT
SO UTHERN DISTRICT OF FLORIDA
PENALTY SHEET
Defendant's Nam e: FRED DAVIS CLARK. JR. a/k/a iklàave Clark''
Count : 1
Conspiracy to Comm it Bank Fraud
Title 1 8, United States Codes Section 1 349
* Max. Penalty: Thil'ty (30) years imprisonment
Counts : 2-4
Bank Fraud
Title l 8. United States Code, Section 1 344
*Max. Penalty: Thil'ty (30) years imprisonment
Counts : 5-7
False Statement in Connection W ith Federally lnsured lsoan
Title l 8, United States Code. Section l 51 2(c)(2)
*Max. Penalty: 'l'hil'ty (30) years imprisonment
Count : 8
Conspiracy to Commit Bank Fraud
Title 1 8, United States Code. Section 1 349
* Max. Penalty: 'l'wenty (20) years imprisonment
*Refers only to possible term of incarceration, does not include possible fines, restitution,
special assessments, parole terms, or forfeitures that m ay be applicable.
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
PENALTY SHEET
Defendant's Name: FRED DAVIS CLARK.JR. a/lt/a tslàave Clark''
Case No: 13-10034-CR-JEM(s)(s)
Counts : 9-1 1
M ail Fraud
Title 18, United States Code, Section l 341
*M ax. Penalty: Twenty (20) years imprisonment as to each count
Count : 12
Obstruction Of Oft-icial Proceeding
Title 1 8, United States Code, Section 151 2(c)(2)
*M ax. Penaltz: Twenty (20) years ilnprisonment
RRefers only to possible term of incarceration, does not include possible fines, restitution,
special assessm ents, parole term s, or forfeitures that m ay be applicable.
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