For those who haven't heard, the sentencing previously scheduled for Sharon Kay Thomas on January 22, 2015 has been has been rescheduled by the court and is set for March 24th at 2:00 PM. Other than a new date, all other details of the sentencing remain the same.
.....and so it continues.
Tuesday, January 20, 2015
Thursday, January 15, 2015
Brian Murphy Sentenced
Here's some information recently posted on the Department of Justice website. It appears some much more significant sentencing has entered the picture. However, it is yet to be seen whether any actual restitution will be witnessed by the victims.
KNOXVILLE, Tenn. - Brian Murphy, 43, of Knoxville, Tenn., was sentenced on January 8, 2015, to serve 45 months in prison by the Honorable Thomas A. Varlan, Chief U.S. District Judge. Murphy was also ordered to pay $18 million in restitution to the victims in the case.
Murphy pleaded guilty in August 2014, to a federal indictment charging him with conspiracy to commit mail and wire fraud. The indictment arose out of Murphy’s participation with Joyce Allen and the late Charles Candler in the operation of a business known as Benchmark Capital, which was discovered to be a Ponzi scheme that financially ruined many of its hundreds of victims. Candler, Allen, Murphy and others vouched for the soundness of investment annuities they sold when in fact they were worthless.
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| Brian Murphy |
The indictment and subsequent conviction of Murphy was the result of a three-year investigation conducted by the Internal Revenue Service, U.S. Postal Inspection Service, and Federal Bureau of Investigation. Assistant U.S. Attorneys Frank Dale and Jennifer Kolman represented the United States.
Tuesday, January 6, 2015
Sentencing Hearing For Joyce Allen & New Trial Denied
Just to keep everyone posted, the sentencing previously scheduled for Joyce Allen on February 17, 2015 was concelled and rescheduled for February 2, 2015, 09:30 AM at Courtroom 4 - Knoxville, Federal Courthouse, 800 Market St., Suite 130, Knoxville, TN before Judge Thomas Varlan. Also, here's a summary of what was posted in The Daily Times, Maryville, TN
.... A Blount County accountant convicted in a multi-million dollar fraud scheme will not get a new trial, a federal judge ruled on Wednesday, December 31, 2014. Joyce Elaine Allen, 66, of Alcoa, was seeking another trial after a jury convicted her on numerous counts of wire fraud, mail fraud and money laundering for her role in a fraud scheme centered around the now defunct Benchmark Capital Inc. The owner of J. Allen & Associates in Louisville, Allen was convicted by a jury on Sept. 22 following a two-weeklong trial in Knoxville’s U.S. District Court. Chief U.S. District Judge Thomas A. Varlan issued a ruling on Wednesday denying a defense motion for a new trial filed two weeks after Allen’s conviction. (By the way, we heard nothing of this motion from the Victims Notification System. Honestly, wouldn't you think that this was worthy of noitifying the victims?) Allen is scheduled for sentencing at 10 a.m. Feb. 17 and could face up to life in prison. She was convicted on one count of conspiracy to commit mail and wire fraud, one count of conspiracy to commit wire fraud, two counts of conspiracy to commit money laundering and six counts of issuing fraudulent securities. ....Investors put more than $42.6 million into the fraud scheme, resulting in losses of more than $18 million, according to court documents. In asking for a new trial, the defense argued the evidence presented at trial supported Allen’s claims she didn’t know Benchmark Capital was a Ponzi scheme and was even duped herself. In his ruling, Varlan rejected these arguments and said Allen’s conviction did not constitute a miscarriage of justice. (This victim thanks you Judge Varlan!)
Five have taken plea deals, Allen was the only defendant among five others who did not take a plea agreement and instead proceeded to trial. Knoxville resident Dona Rector, a loan officer with Benchmark Capital, was sentenced in October to two years of probation after pleading guilty to conspiracy to commit mail and wire fraud. Paulynn Wright, another loan officer, was sentenced Dec. 3 to four months in prison followed by two years of supervised release. Varlan ordered Wright spend four months of her supervised release under house arrest. Sentencing hearings for the remaining three defendants are scheduled this month. Brian Murphy, who helped start Benchmark Capital Inc. in 2001, pleaded guilty in August to conspiracy to commit mail and wire fraud. His sentencing is set for Jan. 8 at 2 p.m. Sharon Kay Thomas, Allen’s associate at J. Allen & Associates, pleaded guilty in September to conspiracy to commit money laundering. She’s scheduled for sentencing at 10 a.m. Jan. 22. Tiffiny Thompson, a manager in Benchmark Capital Inc.’s Knoxville office, pleaded guilty in June to a count of conspiracy to commit mail and wire fraud. She’s scheduled for a 10 a.m. Jan. 28 sentencing.
.... A Blount County accountant convicted in a multi-million dollar fraud scheme will not get a new trial, a federal judge ruled on Wednesday, December 31, 2014. Joyce Elaine Allen, 66, of Alcoa, was seeking another trial after a jury convicted her on numerous counts of wire fraud, mail fraud and money laundering for her role in a fraud scheme centered around the now defunct Benchmark Capital Inc. The owner of J. Allen & Associates in Louisville, Allen was convicted by a jury on Sept. 22 following a two-weeklong trial in Knoxville’s U.S. District Court. Chief U.S. District Judge Thomas A. Varlan issued a ruling on Wednesday denying a defense motion for a new trial filed two weeks after Allen’s conviction. (By the way, we heard nothing of this motion from the Victims Notification System. Honestly, wouldn't you think that this was worthy of noitifying the victims?) Allen is scheduled for sentencing at 10 a.m. Feb. 17 and could face up to life in prison. She was convicted on one count of conspiracy to commit mail and wire fraud, one count of conspiracy to commit wire fraud, two counts of conspiracy to commit money laundering and six counts of issuing fraudulent securities. ....Investors put more than $42.6 million into the fraud scheme, resulting in losses of more than $18 million, according to court documents. In asking for a new trial, the defense argued the evidence presented at trial supported Allen’s claims she didn’t know Benchmark Capital was a Ponzi scheme and was even duped herself. In his ruling, Varlan rejected these arguments and said Allen’s conviction did not constitute a miscarriage of justice. (This victim thanks you Judge Varlan!)
Five have taken plea deals, Allen was the only defendant among five others who did not take a plea agreement and instead proceeded to trial. Knoxville resident Dona Rector, a loan officer with Benchmark Capital, was sentenced in October to two years of probation after pleading guilty to conspiracy to commit mail and wire fraud. Paulynn Wright, another loan officer, was sentenced Dec. 3 to four months in prison followed by two years of supervised release. Varlan ordered Wright spend four months of her supervised release under house arrest. Sentencing hearings for the remaining three defendants are scheduled this month. Brian Murphy, who helped start Benchmark Capital Inc. in 2001, pleaded guilty in August to conspiracy to commit mail and wire fraud. His sentencing is set for Jan. 8 at 2 p.m. Sharon Kay Thomas, Allen’s associate at J. Allen & Associates, pleaded guilty in September to conspiracy to commit money laundering. She’s scheduled for sentencing at 10 a.m. Jan. 22. Tiffiny Thompson, a manager in Benchmark Capital Inc.’s Knoxville office, pleaded guilty in June to a count of conspiracy to commit mail and wire fraud. She’s scheduled for a 10 a.m. Jan. 28 sentencing.
Saturday, December 20, 2014
A Sentencing Update
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.
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.
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?
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