Wednesday, June 5, 2013

They Appear and a Trial Date is Set

It looks like November 12, 2010 may be the trial date for those charged in the Benchmark hoax.   Here's a quote of what appeared online courtesy of the Knoxville News Sentinel.  Check the photos out at Knoxnews.com PHOTOS

"It was, federal authorities allege, 'an elaborate hoax,' a sophisticated and complicated scam that lasted more than 10 years.

By the time it began crumbling early last year, it had taken in more than $46 million, and cost investors more than $18 million, according to authorities the U.S. Attorney’s Office.

On Nov. 12, five women and one man who are accused of various roles in different companies linked to it are scheduled to go on trial in U.S. District Court. The trial date was set on Tuesday by U.S. Magistrate Judge Bruce Guyton.

Before any charges were filed, the main player, Knoxville businessman Charles D. “C.D.” Candler, took his case directly to the highest court of all.

In March 2012, as U.S. Postal Inspectors, the FBI and the IRS were investigating Candler’s businesses, he drove his car into Greenwood Cemetery on Tazewell Pike and shot himself to death. He is named in the indictment as an unindicted co-conspirator.

Candler’s main business was Benchmark Capital Inc., which had offices on Merchants Center Boulevard in Knoxville and in Greenville, S.C.

State public records show Benchmark Capital Inc. was formed in 2001, but never filed an annual report. Two years after it was incorporated, its charter was revoked.

'The business purpose of Benchmark was to defraud investors by taking their funds in exchange for worthless and nonexistent investments, and paying a portion of funds received to earlier investors under the guise of dividends, interest and mortgage payments,' a federal indictment states.

The indictment outlines a series of sophisticated deceptions, including misleading websites, bogus IRS documents and a fake Benchmark parent office in Chicago, that mainly lured elderly retirees to invest the equity from their homes into bogus annuity investments.

Telephone calls to the toll-free number of the 'Chicago office' were answered by people in the Knoxville office. And the Knoxville office had a postal meter machine that was used to put a Chicago postmark on replies to investor queries made to Chicago.

The indictment states that in addition to those already arrested, there were other participants 'known and unknown to the grand jury.'

The six defendants are:

* Joyce E. Allen, owner of J. Allen and Associates, a Louisville, Tenn., accounting firm through which some Benchmark investments were sold. She is charged with conspiracy to commit mail fraud and wire fraud, conspiracy to commit money laundering, and uttering a counterfeit investment document.

* Sharon Kay Thomas, an employee of Allen’s firm. She is charged with conspiracy to commit wire fraud and conspiracy to commit money laundering.

Allen and Thomas, the first defendants charged, were arrested in July of last year. Last month, the other four defendants were charged in a superseding indictment that adjusted some of the charges against Allen and Thomas.

* Brian K. Murphy, former pastor at Browns Gap Baptist Church in North Knox County and gospel singer. He currently operates the Knox Gold Exchange in Powell.

Murphy is charged with conspiracy to commit mail fraud and wire fraud, and conspiracy to commit money laundering.

Murphy was once president of Cornerstone Mortgage, a firm that shared space in Benchmark’s Knoxville office.

While he was affiliated at Cornerstone, Murphy 'actively engaged in the sale of worthless investments, including investments purportedly underwritten by Benchmark,' the indictment alleges.

The indictment also suggests that it was Murphy who came up with the idea of using the postal meter to bolster the image of a Chicago office.

State records show Cornerstone was formed in Virginia, and in 2000 it registered in Tennessee to do business under the name 'Cornerstone Mortgage and Investments Inc.'

By 2002, its Tennessee charter had been pulled for not filing an annual report.

Murphy was listed as the original registered agent for Benchmark Capital and Cornerstone Mortgage when they were incorporated in Tennessee, state records show.

* Tiffiny Thompson, who was an employee of Benchmark Capital.

The indictment says she was 'responsible for the day-to-day operations of Benchmark.'

Thompson faces charges of conspiracy to commit mail and wire fraud and conspiracy to commit money laundering.

* Paulynn Wright, a Knoxville mortgage broker. She is charged with conspiracy to commit mail fraud and wire fraud.

* Dona Rector, also a Knoxville mortgage broker. She is charged with conspiracy to commit wire fraud.

All of the defendants are free on their own recognizance pending trial."

Monday, June 3, 2013

Growing Group of Defendants

We just received information that a new case has been filed as: United States v. Defendant(s) Joyce Elaine Allen, Sharon Kay Thomas, Brian Murphy, Tiffiny Thompson, Paulynn Wright, Dona Rector
Case Number 2011R00662 and Court Docket Number 12-CR-00090.

The interesting part to us is that it names more defendants than Joyce Allen and Kay Thomas - namely Brian Murphy, Tiffiny Thompson, Paulynn Wright, and Dona Rector. The lead prosecutor for the case is Frank Dale and the main charge is categorized as Securities Fraud

According to information we received, there are several court sessions scheduled including:

1) a pretrial motion hearing June 4th at 9:30 AM in Knoxville Federal Courthouse, Courtroom 3A for the defendants including Joyce Elaine Allen, Sharon Kay Thomas, Brian Murphy, Tiffiny Thompson, Paulynn Wright, and Dona Rector.  The judge appointed is Judge H Guyton. Our information is that the purpose of this hearing is to clarify any outstanding issues prior to trial.

2) a status hearing is scheduled before Judge H Guyton for June 4th at 11:00 AM in Knoxville Federal Courthouse, Courtroom 3A for defendants Brian Murphy and Tiffiny Thompson. The purpose of this hearing is to determine if there are issues that the Court needs to address and to schedule any necessary future court dates.

3) a status hearing is scheduled before Judge H Guyton for June 4th at  9:30 AM in Knoxville Federal Courthouse, Courtroom 3A for defendant Paulynn Wright and Dona Rector. The purpose of this hearing is to determine if there are issues that the Court needs to address and to schedule any necessary future court dates.

4) a trial is scheduled before Judge Thomas Varlan on June 18th at 9:00 AM in Knoxville Federal Courthouse, Courtroom 3C for the case which involves defendants Brian Murphy, Tiffiny Thompson, Paulynn Wright, and Dona Rector.

We'd love to hear from anyone knowing anymore.  Keep us all posted!

By the way......here's some a few great links to get more information on who and when indictments, etc were made -

US Deptartment of Justice

WATE Story

Knoxnews.com

WUOT Radio



Tuesday, January 22, 2013

New Court Date

According to information from U.S. Magistrate in Knoxville, TN, the trial date for Joyce Allen and Kay Thomas has been reset to June 4th, 2013.  I don't know if others are keeping track but that's nearly a year from their arrest date and nine months from the first trial date.  Let's hope that justice can also be brought even if slowly.

Monday, January 21, 2013

All's Quiet

Thus far we've found no information from the trial that was supposed to have happened January 7th.  In fact, we don't even know that a trial actually happened.  There's no word on it on the internet or from sources such as the prosecution....government or otherwise.  So much for victims rights.

Monday, January 7, 2013

A Trial Date Today

With their trial scheduled for today and looking for any report on the outcome, we had to post a story a little like ours.  It's a little dated but still work reading some excerpts below.  You can read the whole article at The Daily Times .  If you want to read some court documentation go to United States District Court

~ ~ ~ ~ ~ ~ ~ ~

All Maryville resident Kent Burleson wanted to do was retire comfortably.
Unfortunately for him, he was one of many investors who lost their retirement savings as part of an investment fraud case involving Louisville accounting firm J. Allen & Associates.
The firm’s owner, Joyce E. Allen, and her former employee, Sharon K. Thomas, are currently under an indictment by a federal grand jury for several counts of counterfeit securities, which also include conspiracy to commit money laundering, fraudulent investment control, fraudulent securities and fraudulent investment contracts. Thomas faces just one count of conspiracy to commit money laundering.

The arrests came after a multi-agency federal investigation into Knoxville-based Benchmark Capital Inc., a venture capital firm originating in Menlo Park, Calif. Its Knoxville office, formerly located on Merchants Center Drive, closed several months ago.  The indictment stated that “one of the business purposes of J. Allen Inc. was to identify potential investors through providing tax planning and tax preparation services, then defrauding those investors by selling them investments that Allen knew to be worthless.” Allen and Thomas are scheduled for trial on Sept. 25 in U.S. District Court in Knoxville.

Burleson was one of many investment victims who appeared during the pretrial hearing in Knoxville on Monday. He later spoke with The Daily Times about his frustrations of losing his retirement savings, which took him about 30 years to build as a lineman and splicer for AT&T.
“I first started with (Benchmark) in late March of 2009,” Burleson said. “I moved my pension over from AT&T from where I retired. I also moved my 401(k) over. From there on, I drew an interest check every month. The balance I put in there the first day is what the balance was three years later — it didn’t go up, it didn’t go down. That’s what I lived off of every month.
“The FBI froze the (investor) accounts. From there on, I haven’t drawn a penny, and I probably never will,” he added.

Warning signs
Burleson said understandably that it initially shocked him when he heard the news of the frozen accounts, and how he and other investors had lost their savings.  “I should have known something was going on,” he said. “In early January, the SEC (Securities and Exchange Commission) out of Atlanta called me and a few other investors and they asked me where Benchmark was investing this money, and I had no idea. If I had been smart, I would have gone over there and taken my money out. “What happened was me and one of the other investors went over (to Benchmark) the next day and we told Joyce Allen about the SEC calling me, and she told us everything was fine,” Burleson continued. “She said they were investigating some woman who had worked for her for a while for embezzlement. She told us we had nothing to worry about. That wasn’t true, because she knew something was going on. She knew the whole time.

Burleson said that late last year, Allen talked him into refinancing his house and letting Benchmark borrow the equity.  “I made my house payments, insurance, taxes and all,” Burleson said. “I got a $67.50 check every month that I could use how I wanted to. They paid the mortgage for the first three months and then everything blew up and I had to pay it myself. When I first signed up, I owed $23,000 on my house, now I owe $76,000 and I have to buy it all over again. I loaned them the money, and now it’s all gone.”

‘Thoroughly investigate’
Burleson said that he works a part-time job, and they live off his wife’s disability income.  “When it came time to retire, I thought I had invested well,” Burleson said. “We got our knowledge from one of the other guys who retired. He’s been in that plan for 10 years. He told a few others, and we took him at his word. He thought (Benchmark) was on the up-and-up, too. I know six of us retired from the phone company invested with them, and that’s probably $3 million worth of investments. I lost $400,000 in cash. By the time I pay (my house) off, I’ll be dead.”

Burleson and three other defrauded investors have met with Knoxville attorneys, who are doing research on their behalf to see if there are any hidden funds that could be recovered, whether it be through insurance premiums or any accounts that are stored overseas. He said he will file a civil suit if more money is found.  “We have no idea where this is going to go,” Burleson said. “The charges brought against (Allen), if they find more money, whether they will bring up additional charges against her, we don’t know. But I hope they will.

Burleson concluded with a little advice for potential investors.
“Thoroughly investigate where you will put your money,” he said. “Talk to anybody to see if the company is on the up-and-up. I made a mistake and didn’t do that. Everything was running smooth and we figured if it worked good for (my colleague), we just basically stepped into it.”