I've serioiusly NOT kept this blog up to date so I thought I'd take just a moment to at least bring it up to date as far as the legal sentencing events are concerned. Here's a short summary.
The sentencing previously scheduled for Joyce Elaine Allen on January 13, 2015, 10:00 AM was rescheduled by the court. The sentencing hearing for her has been set for February 17, 2015, 10:00 AM at Courtroom 4 - Knoxville, Federal Courthouse, 800 Market St., Suite 130, Knoxville, TN before Judge Thomas Varlan.
Paulynn Wright was sentenced by the Court to serve 4 months, followed by supervised release of 2 years and given a 'special assessment' of $100.00 to pay.
Dona Rector was sentenced by the Court to be placed on probation for 2 years and given a 'special assessment' of $100.00 to pay.
Should I make a comment about the 'justice' thus far meeded out? I don't think it's necessary since I believe all of the victims are feeling the same dismay, hurt, and pain as I feel as I write this blog. Enough said.
Saturday, December 20, 2014
Monday, September 22, 2014
The Beginning of Justice
This is one that we have to share! The final defendant has been found guilty on all charges. Joyce Allen, responsible for bringing us into the Ponzi scheme, was found guilty by 9 women and 3 men on all 11 counts of financial fraud including conspiracy to commit mail fraud, wire fraud, and money laundering.
Read some about it here.....knoxnews.com .
At this time we don't know if the judge will allow Joyce Allen to remain free until the sentencing in January. Perhaps this will bring a little amount of closure to some. Now we can pray for continued justice to be served for the victims.
Read some about it here.....knoxnews.com .
At this time we don't know if the judge will allow Joyce Allen to remain free until the sentencing in January. Perhaps this will bring a little amount of closure to some. Now we can pray for continued justice to be served for the victims.
So with this posting - ALL defendants have been found guilty or plead guilty.
An additional note.... Joyce Allen's sentencing hearing has been set for Jan. 13, 2015. Although prosecution requested her to be held pending her hearing the Judge Varlan struck a compromise and has allowed her to remain free but ordered her to submit to electronic monitoring and to be largely confined to her house. He also warned her that should she decide to flee, the odds are high that the U.S. Marshals Service will find her.
Sunday, July 13, 2014
More Guilty Pleas and Lawsuits
I haven't been updating this blog for quite a while and thought I'd at least get caught up with a few of the 'happenings'. Firstly, three defendants including Tiffiny Thompson, Dona Rector, and Paulynn Wright have now or will plead guilty. Paulynn Wright will be pleading guilty to one count of conspiracy to commit wire fraud. According to the agreement, Wright admits that she "knowingly caused false information to be provided (through the Internet) for the purpose of obtaining mortgage financing." The false information was an asset verification letter, that was part of a transaction involving Joyce Allen, Kay Thomas and mortgage broker Dona Rector. The letter stated that Wright had investments with Benchmark when in fact she had no such investments, her plea agreement states.
Others remain in the fight to either find a way to dodge justice or clear their names. One of these is Brian Murphy who most recently has asked through his lawyer - Greg Isaccs) to allow testimony to his "mental state at the relevant times, and his interpersonal relationship with Candler". He has requested that Dr James F Murray, a clinical psychologist, be allowed to testify concerning "factors involving Brian Murphy’s atypical personality features related to social and interpersonal relationships, such as being unusually conforming, unassuming, eager to please, overly trusting, and overly sensitive to the reactions of others," according to Isaacs. The disorders from which Murphy suffers include anxiety, depression, paranoid thinking, “potential substance abuse issues” and “atypical personality features related to social and interpersonal relationships,” Isaacs wrote.
The remaining defendants in the case are Joyce Allen, and Allen's employee Kay Thomas. Their trial is currently set for September 8, 2014.
In the meantime, others jump on the wagon to file lawsuits. More Lawsuits!
Others remain in the fight to either find a way to dodge justice or clear their names. One of these is Brian Murphy who most recently has asked through his lawyer - Greg Isaccs) to allow testimony to his "mental state at the relevant times, and his interpersonal relationship with Candler". He has requested that Dr James F Murray, a clinical psychologist, be allowed to testify concerning "factors involving Brian Murphy’s atypical personality features related to social and interpersonal relationships, such as being unusually conforming, unassuming, eager to please, overly trusting, and overly sensitive to the reactions of others," according to Isaacs. The disorders from which Murphy suffers include anxiety, depression, paranoid thinking, “potential substance abuse issues” and “atypical personality features related to social and interpersonal relationships,” Isaacs wrote.
The remaining defendants in the case are Joyce Allen, and Allen's employee Kay Thomas. Their trial is currently set for September 8, 2014.
In the meantime, others jump on the wagon to file lawsuits. More Lawsuits!
Wednesday, February 26, 2014
Pretrial Motion Hearings, Status Hearings, and Maybe a Trial?
Another 'snag' in getting this to trial has arose. It seems that one of the defendants has changed their attorney and the court has deemed that as a "complex" factor. I'll leave that for others to determine; however, I will share the following information simply as furthering information to those that may be concerned -
It's my thought that enough pretrial motions hearings and status hearings have been held, including the above, that all have had more than a fair opportunity to gather all the 'facts' to present a fair and just hearing. ....other thoughts?
- The newest trial date has been set for July 15, 2014.
- A pretrial motions hearing has been scheduled for April 4, 2014, 9:30 AM at Courtroom 3A - Knoxville, Federal Courthouse, 800 Market St., Suite 130, Knoxville, TN for defendants Joyce Elaine Allen, Sharon Kay Thomas, Brian Murphy, Tiffiny Thompson, Paulynn Wright, Dona Rector before Judge J Guyton,. The purpose of this hearing is to clarify any outstanding issues prior to the trial.
- A status hearing is scheduled before Judge H Guyton for June 27, 2014, 9:30 AM at Courtroom 3A - Knoxville, Federal Courthouse, 800 Market St., Suite 130, Knoxville, TN for defendants Joyce Elaine Allen, Sharon Kay Thomas, Brian Murphy, Tiffiny Thompson, Paulynn Wright, 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.
- A trial is scheduled before Judge Thomas Varlan on July 15, 2014, 9:00 AM at Courtroom 4 - Knoxville, Federal Courthouse, 800 Market St., Suite 130, Knoxville, TN for defendants Joyce Elaine Allen, Sharon Kay Thomas, Brian Murphy, Tiffiny Thompson, Paulynn Wright, Dona Rector.
It's my thought that enough pretrial motions hearings and status hearings have been held, including the above, that all have had more than a fair opportunity to gather all the 'facts' to present a fair and just hearing. ....other thoughts?
Friday, January 17, 2014
Lawsuits and Hearings
It looks like I'm a little late on this one but it seems several people have been busy filing lawsuits. I certainly see their frustration and desire to grab at any opportunity to get some of their money back; however, with so many other victims still outstanding is it really right to expect more than your investment back? My thoughts are that fairness would dictate that whatever any victims get back - all should receive a 'like portion'. That's my thoughts
Here's a link directing you to the multitude of lawsuits.... Lawsuits abound!
On another note - there was to be a pre-trial hearing today on the federal case against all those charged in this devilish misuse of trust. I have no update on IF that hearing was held but I'm always glad to hear from others with any information
By the way, if others are interested in a class action suit or 'joining forces' with this Concerned Citizen - contact us!
I hope today was fine for all and the future is more blessed each day for all.
Here's a link directing you to the multitude of lawsuits.... Lawsuits abound!
On another note - there was to be a pre-trial hearing today on the federal case against all those charged in this devilish misuse of trust. I have no update on IF that hearing was held but I'm always glad to hear from others with any information
By the way, if others are interested in a class action suit or 'joining forces' with this Concerned Citizen - contact us!
I hope today was fine for all and the future is more blessed each day for all.
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.
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."
"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
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
Subscribe to:
Posts (Atom)