CRIMINAL DOCKET FOR CASE #: 03-CR-35-ALL

USA v. Capoccia, et al Filed: 03/10/03
Dkt# in other court: None

Case Assigned to: District Judge J. Garvan Murtha

ANDREW CAPOCCIA (1) William John Dreyer, Esq.
defendant [COR LD NTC ret]
Dreyer Boyajian LLP
75 Columbia Street
Albany, NY 12210
(518)463-7784

Thomas A Zonay
[term 09/09/03]
8,8024571874
[COR LD NTC ret]
Ford & Zonay
Route 4 East, The Mill
P.O. Box 388
Woodstock, VT 05091-0388
(802) 457-1000

Pending Counts: Disposition

18:371.F CONSPIRACY TO DEFRAUD
THE UNITED STATES -
misappropriation of client
escrow funds
(1)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred from
PNC Bank in New Jersey, from
Chittenden Bank in Vermont
and from First Mass Bank in
Massachusetts to various
banks in Florida moneys to
have been taken by fraud
(1s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred from
PNC Bank in NJ to ADP's
account in NY moneys to
have been taken by fraud

(2 - 4)

18:371.F CONSPIRACY TO DEFRAUD
THE UNITED STATES -
Conspiracy to defraud and to
obtain money by means of false
and fraudulent pretenses and
misrepresentations by use of
wire communications, U.S.
Postal Service and to transmit
in interstate commerce money
taken by fraud and to receive
money which had crossed a
state boundary after being
stolen or taken.
(2s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred from
LCCP's payroll account at PNC
Bank in New Jersey to ADP's
account in NY moneys to have
been taken by fraud
(3s)

18:2315 & 2.F SALE OR RECEIPT
OF STOLEN GOODS, SECURITIES,
MONEYS, ETC. - received $200,
000 transferred by wire from
LCCP's escrow account at PNC
Bank in NJ to FL account
controlled by Carol Capoccia
knowing it was unlawfully
converted or taken
(4s)

18:2315 & 2.F SALE OR RECEIPT
OF STOLEN GOODS, SECURITIES,
MONEYS, ETC. - received $200,
000 transferred by wire from
LCCP's escrow account in NJ to
FL knowing it was unlawfully
converted & taken
(5)

18:1343 & 2.F FRAUD BY WIRE,
RADIO, OR TELEVISION - caused
to be transmitted by wire in
interstate commerce between
NJ, OH and VT, facsimile
transmissions authorizing and
enabling overdrafts in LCCP's
general account at PNC Bank

to be covered by a transfer of
funds from the escrow
account
(5s)

18:1343 & 2.F FRAUD BY WIRE,
RADIO, OR TELEVISION - caused
to be transmitted by wire
between NJ, OH and VT,
facsimile transmissions
authorizing and enabling
overdrafts in LCCP's general
account at PNC Bank to be
covered bya transfer of
funds from the escrow account
(6 - 11)

18:1343 & 2.F FRAUD BY WIRE,
RADIO, OR TELEVISION - caused
to be transmitted by wire in
interstate commerce between
NJ, OH and VT, facsimile
transmissions authorizing and
enabling overdrafts in LCCP's
general account at PNC bank
to be covered by a transfer of
funds from the escrow
account
(7s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred in
interstate commerce between
PNC Bank, Chittenden
Bank and First Mass Bank, 42%
of the proceeds of clients'
extra funds and settlement
checks knowing said
moneys were taken by fraud
(9s)

18:1341 & 2.F FRAUDS AND
SWINDLES - caused to be
delivered by U.S. Postal
Service and by private and
commercial interstate
carrier checks diverting to
LCCP's general account
portions of clients' extra
funds and settlement
checks
(10s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred in
interstate commerce from
Chittenden Bank to locations
outside VT, moneys derived
from unearned retainr and
escrow fees knowing said
moneys were taken by fraud
(11s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred in
interstate commerce from
Chittenden Bank in VT to
locations outside VT, moneys
derived from unearned
retainer and escrow fees
knowing said moneys were taken
by fraud
(12s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred in
interstate commerce from DSA's
account at PNC Bank in NJ
to ADP's account in NY sums of
money knowing said moneys
were taken by fraud
(13s)

18:1956(a)(1)(B)(i) & 2.F
MONEY LAUNDERING - FRAUD,
OTHER - conducted wire
transfer of funds from PNC
Bank in NJ to SunTrust
Bank in FL which involved the
proceeds of
specified unlawful activity
knowing that the transaction
was designed in part to
conceal and disguise the
nature of the proceeds
(14s - 15s)

18:1343 & 2.F FRAUD BY WIRE,
RADIO, OR TELEVISION - caused
to be transmitted by wire
between NJ, OH and VT
facsimile transmissions
authorizing & enabling
overdrafts in LCCP's

general account at PNC Bank to
be covered by a transfer of
funds from the escrow account
(17 - 21)

18:981(a)(1)(C), 1956, 1957,
1961, 2314 and 2315;
28:2461(c).F CIVIL FORFEITURE
(21s)

18:981(a)(1)(C), 1956, 1957,
1961, 2314 and 2315;
28:2461(c).F CIVIL FORFEITURE
(22s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred between
PNC Bank, Chittenden Bank and
First Massachusetts Bank,
42% of the proceeds of
clients' extra funds checks
knowing said checks were
converted & taken by fraud
(23)

18:981(a)(1)(C), 1956, 1957,
1961, 2314; 28:2461(c).F CIVIL
FORFEITURE
(23s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred from
DSA's account at PNC Bank in
NJ to ADP's account in NY
money that was converted &
taken by fraud (24 - 34)

18:981(a)(1)(C), 1956, 1957,
1961, 2314 and 2315;
28:2461(c).F CIVIL FORFEITURE
(24s)

18:981(a)(1)(C), 982, 1343;
28:2461(c).F CIVIL FORFEITURE
(25s)

18:981(a)(1)(C), 982, 984,
1343; 28:2461(c).F CIVIL
FORFEITURE
(27s)

18:981(a)(1)(C), 982, 1341,
1956, 1957, 1961, 2314;
28:2461(c).F CIVIL FORFEITURE
(28s)

18:981(a)(1)(C), 982, 1956,
1957, 1961, 2314; 28:2461(c).F
CIVIL FORFEITURE
(29s)

18:981(a)(1)(C), 982, 1956,
1957, 1961, 2314; 28:2461(c).F
CIVIL FORFEITURE
(30s)

18:981(a)(1)(C), 982, 1956,
1957, 1961, 2314; 28:2461(c).F
CIVIL FORFEITURE
(31s)

18:982(a)(1)(A),
1956(a)(1)(B)(i); 28:2461(c).F
CRIMINAL FORFEITURE
(32s)

18:981(a)(1)(C), 982, 1341;
28:2461(c).F CIVIL FORFEITURE
(33s)

18:1956(a)(1)(B)(i).F MONEY
LAUNDERING - FRAUD, OTHER -
conducted a wire transfer of
$25,000 from PNC Bank in NJ to
Sun Trust Bank in FL which
involved proceeds designed in
part to conceal & disguise the
nature of such financial
transactions
(35)

18:1956(a)(1)(B)(i).F MONEY
LAUNDERING - FRAUD, OTHER -
caused a wire transfer of $60,
000 from PNC Bank in NJ to
Sun Trust Bank in FL to
conceal & disguise the nature
of such financial
transaction
(36)

18:1343 & 2.F FRAUD BY WIRE,
RADIO, OR TELEVISION - caused
to transmitted by wire between
VT and other states,
telephone calls in which
representatives of The Law
Centers for Consumer
Protection recruited new
clients into the debt
reduction program & induced
existing clients to continue
to send money to LCCP
pursuant to their debt
reduction program contracts
(37)

18:981(a)(1)(C), 982, 1341,
1343, 1956, 1957, 1961, 2314
and 2315; 28:2461(c), 2.F
CRIMINAL FORFEITURE
(40)

18:982.F CRIMINAL FORFEITURE
(41)

18:981(a)(1)(C), 1956, 1957,
1961, 2314 and 2315;
28:2461(c).F CRIMINAL
FORFEITURE
(42)

18:981(a)(1)C), 982, 1343:
28:2461(c).F CRIMINAL
FORFEITURE (43)

18:981(a)(1)(C), 982, 984,
1343; 28:2461(c).F CRIMINAL
FORFEITURE
(45)

18:981(a)(1)(C), 982, 1956,
1957, 1961, 2314; 28:2461(c).F
CRIMINAL FORFEITURE
(46)

18:981(a)(1)(C), 982, 1956,
1957, 1961, 2314; 28:2461(c).F
CRIMINAL FORFEITURE
(47)

18:982(a)(1)(A) and
1956(a)(1)(B)(i).F CRIMINAL
FORFEITURE (48)

18:981(a)(1)(C), 982, 1343;
28:2461(c).F CRIMINAL
FORFEITURE
(49)

Offense Level (opening): 4

Terminated Counts:

NONE

Complaints:

NONE

========================

Case Assigned to: District Judge J. Garvan Murtha

HOWARD SINNOTT (2) Lisa B. Shelkrot, Esq.
defendant 98640137
[COR LD NTC ret]
Langrock, Sperry & Wool
210 College Street
P.O. Box 721
Burlington, VT 05402-0721
(802) 864-0217

Pending Counts: Disposition

18:371.F CONSPIRACY TO DEFRAUD
THE UNITED STATES -
misappropriation of client
escrow funds
(1)

18:371.F CONSPIRACY TO DEFRAUD
THE UNITED STATES -
Conspiracy to defraud and to
obtain money by means of false
and fraudulent pretenses and
misrepresentations by use of
wire communications, U.S.
Postal Service and to transmit
in interstate commerce money
taken by fraud and to receive
money which had crossed a
state boundary after being

stolen or taken.
(2s)

18:1343 & 2.F FRAUD BY WIRE,
RADIO, OR TELEVISION - caused
to be transmitted by wire in
interstate commerce between
NJ, OH and VT, facsimile
transmissions authorizing and
enabling overdrafts in LCCP's
general account at PNC Bank
to be covered by a transfer of
funds from the escrow
account
(6s)

18:1343 & 2.F FRAUD BY WIRE,
RADIO, OR TELEVISION - caused
to be transmitted by wire in
interstate commerce between
NJ, OH and VT, facsimile
transmissions authorizing and
enabling overdrafts in LCCP's
general account at PNC bank
to be covered by a transfer of
funds from the escrow
account
(7s)

18:1956(a)(1)(A)(i) & 2.F
MONEY LAUNDERING - FRAUD,
OTHER - conducted a wire
transfer of $500,000 from
First Mass Bank to PNC Bank
which involved the proceeds of
specified unlawful
activity with intent to
promote the carrying on of
specified unlawful activity
(8s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred in
interstate commerce between
PNC Bank, Chittenden
Bank and First Mass Bank, 42%
of the proceeds of clients'
extra funds and settlement
checks knowing said
moneys were taken by fraud
(9s)

18:1341 & 2.F FRAUDS AND
SWINDLES - caused to be
delivered by U.S. Postal
Service and by private and
commercial interstate
carrier checks diverting to
LCCP's general account
portions of clients' extra
funds and settlement
checks
(10s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred in
interstate commerce from
Chittenden Bank to locations
outside VT, moneys derived
from unearned retainr and
escrow fees knowing said
moneys were taken by fraud
(11s)

18:1343 & 2.F FRAUD BY WIRE,
RADIO, OR TELEVISION - caused
to be transmitted by wire
between NJ, OH and VT
facsimile transmissions
authorizing and enabling
overdrafts in LCCP's general
account at PNC Bank to be
covered by a transfer of
funds from the escrow account
(12 - 16)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred in
interstate commerce from DSA's
account at PNC Bank in NJ
to ADP's account in NY sums of
money knowing said moneys
were taken by fraud
(13s)

18:1956(a)(1)(B)(i) & 2.F
MONEY LAUNDERING - FRAUD,
OTHER - conducted wire
transfer of funds from PNC
Bank in NJ to SunTrust
Bank in FL which involved the
proceeds of
specified unlawful activity
knowing that the transaction

was designed in part to
conceal and disguise the
nature of the proceeds
(14s - 15s)

18:1341 & 2.F FRAUDS AND
SWINDLES - placed in post
office or authorized
depository for mail welcoming
letters and excuted legal
representation agreements to
be sent and delivered by
the Postal Service to newly-
enrolled clients of the Law
Centers for Consumer
Protection
(16s)

18:1343 & 2.F FRAUD BY WIRE,
RADIO, OR TELEVISION - caused
to be transmitted by wire
between NJ, OH and VT
facsimile transmissions
authorizing & enabling
overdrafts in LCCP's
general account at PNC Bank to
be covered by a transfer of
funds from the escrow account
(17 - 21)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred from
First Massachusetts Bank in MA
to LCCP's general account
at PNC Bank in New Jersey $500,
000 converted &
taken by fraud
(22)

18:981(a)(1)(C), 1956, 1957,
1961, 2314 and 2315;
28:2461(c).F CIVIL FORFEITURE
(22s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred between
PNC Bank, Chittenden Bank and
First Massachusetts Bank,
42% of the proceeds of
clients' extra funds checks
knowing said checks were
converted & taken by fraud

(23)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred from
DSA's account at PNC Bank in
NJ to ADP's account in NY
money that was converted &
taken by fraud (24 - 34)

18:981(a)(1)(C), 982, 984,
1343, 1956, 1957, 1961 and
2314; 28:2461(c).F CIVIL
FORFEITURE
(26s)

18:981(a)(1)(C), 982, 984,
1343; 28:2461(c).F CIVIL
FORFEITURE
(27s)

18:981(a)(1)(C), 982, 1341,
1956, 1957, 1961, 2314;
28:2461(c).F CIVIL FORFEITURE
(28s)

18:981(a)(1)(C), 982, 1956,
1957, 1961, 2314; 28:2461(c).F
CIVIL FORFEITURE
(29s)

18:981(a)(1)(C), 982, 1956,
1957, 1961, 2314; 28:2461(c).F
CIVIL FORFEITURE
(31s)

18:982(a)(1)(A),
1956(a)(1)(B)(i); 28:2461(c).F
CRIMINAL FORFEITURE
(32s)

18:981(a)(1)(C), 982, 1341;
28:2461(c).F CIVIL FORFEITURE
(33s)

18:1343 & 2.F FRAUD BY WIRE,
RADIO, OR TELEVISION - caused
to transmitted by wire between
VT and other states,
telephone calls in which
representatives of The Law
Centers for Consumer
Protection recruited new
clients into the debt

reduction program & induced
existing clients to continue
to send money to LCCP
pursuant to their debt
reduction program contracts
(37)

18:1341 & 2.F FRAUDS AND
SWINDLES - placed in any post
office for mail Client Account
Statements
(38)

18:981(a)(1)(C), 982, 1341,
1343, 1956, 1957, 1961, 2314
and 2315; 28:2461(c), 2.F
CRIMINAL FORFEITURE
(40)

18:981(a)(1)(C), 982, 984,
1343, 1956, 1957, 1961 and
2314; 28:2461.F CRIMINAL
FORFEITURE
(44)

18:981(a)(1)(C), 982, 984,
1343; 28:2461(c).F CRIMINAL
FORFEITURE
(45)

18:981(a)(1)(C), 982, 1956,
1957, 1961, 2314; 28:2461(c).F
CRIMINAL FORFEITURE
(46)

18:981(a)(1)(C), 982, 1956,
1957, 1961, 2314; 28:2461(c).F
CRIMINAL FORFEITURE
(47)

18:981(a)(1)(C), 982, 1343;
28:2461(c).F CRIMINAL
FORFEITURE
(49)

18:981(a)(1)(C), 982, 1341;
28:2461(c).F CRIMINAL
FORFEITURE
(50)

Offense Level (opening): 4

Terminated Counts:

NONE

Complaints:

NONE

========================

Case Assigned to: District Judge J. Garvan Murtha

THOMAS J DALY (3) Bradley Specht Stetler
defendant 98636803
[COR LD NTC cja]
Stetler, Allen & Kampmann
95 St. Paul Street
Burlington, VT 05401
(802)660-8646

Pending Counts: Disposition

18:371.F CONSPIRACY TO DEFRAUD
THE UNITED STATES -
misappropriation of client
escrow funds
(1)

18:371.F CONSPIRACY TO DEFRAUD
THE UNITED STATES -
Conspiracy to defraud and to
obtain money by means of false
and fraudulent pretenses and
misrepresentations by use of
wire communications, U.S.
Postal Service and to transmit
in interstate commerce money
taken by fraud and to receive
money which had crossed a
state boundary after being
stolen or taken.
(2s)

18:1343 & 2.F FRAUD BY WIRE,
RADIO, OR TELEVISION - caused
to be transmitted by wire in
interstate commerce between
NJ, OH and VT, facsimile
transmissions authorizing and
enabling overdrafts in LCCP's

general account at PNC Bank
to be covered by a transfer of
funds from the escrow
account
(6s)

18:1343 & 2.F FRAUD BY WIRE,
RADIO, OR TELEVISION - caused
to be transmitted by wire in
interstate commerce between
NJ, OH and VT, facsimile
transmissions authorizing and
enabling overdrafts in LCCP's
general account at PNC bank
to be covered by a transfer of
funds from the escrow
account
(7s)

18:1956(a)(1)(A)(i) & 2.F
MONEY LAUNDERING - FRAUD,
OTHER - conducted a wire
transfer of $500,000 from
First Mass Bank to PNC Bank
which involved the proceeds of
specified unlawful
activity with intent to
promote the carrying on of
specified unlawful activity
(8s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred in
interstate commerce between
PNC Bank, Chittenden
Bank and First Mass Bank, 42%
of the proceeds of clients'
extra funds and settlement
checks knowing said
moneys were taken by fraud
(9s)

18:1341 & 2.F FRAUDS AND
SWINDLES - caused to be
delivered by U.S. Postal
Service and by private and
commercial interstate
carrier checks diverting to
LCCP's general account
portions of clients' extra
funds and settlement
checks
(10s)

18:1343 & 2.F FRAUD BY WIRE,
RADIO, OR TELEVISION - caused
to be transmitted by wire
between NJ, OH and VT
facsimile transmissions
authorizing and enabling
overdrafts in LCCP's general
account at PNC Bank to be
covered by a transfer of
funds from the escrow account
(12 - 16)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred in
interstate commerce from
Chittenden Bank in VT to
locations outside VT, moneys
derived from unearned
retainer and escrow fees
knowing said moneys were taken
by fraud
(12s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred in
interstate commerce from DSA's
account at PNC Bank in NJ
to ADP's account in NY sums of
money knowing said moneys
were taken by fraud
(13s)

18:1341 & 2.F FRAUDS AND
SWINDLES - placed in post
office or authorized
depository for mail welcoming
letters and excuted legal
representation agreements to
be sent and delivered by
the Postal Service to newly-
enrolled clients of the Law
Centers for Consumer
Protection
(16s)

18:1343 & 2.F FRAUD BY WIRE,
RADIO, OR TELEVISION - caused
to be transmitted by wire
between NJ, OH and VT
facsimile transmissions
authorizing & enabling

overdrafts in LCCP's
general account at PNC Bank to
be covered by a transfer of
funds from the escrow account
(17 - 21)

26:7206(1).F FRAUD AND FALSE
STATEMENTS - filed incorrect
2000 tax forms with the IRS in
that he failed to report
bonus income from LCCP during
the tax year
(19s)

26:7206(1).F - FRAUD AND FALSE
STATEMENTS - filed incorrect
2001 tax forms with IRS in
that he failed to report bonus
income from LCCP
(20s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred from
First Massachusetts Bank in MA
to LCCP's general account
at PNC Bank in New Jersey $500,
000 converted &
taken by fraud
(22)

18:981(a)(1)(C), 1956, 1957,
1961, 2314 and 2315;
28:2461(c).F CIVIL FORFEITURE
(22s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred between
PNC Bank, Chittenden Bank and
First Massachusetts Bank,
42% of the proceeds of
clients' extra funds checks
knowing said checks were
converted & taken by fraud
(23)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred from
DSA's account at PNC Bank in
NJ to ADP's account in NY
money that was converted &
taken by fraud (24 - 34)

18:981(a)(1)(C), 982, 984,
1343, 1956, 1957, 1961 and
2314; 28:2461(c).F CIVIL
FORFEITURE
(26s)

18:981(a)(1)(C), 982, 984,
1343; 28:2461(c).F CIVIL
FORFEITURE
(27s)

18:981(a)(1)(C), 982, 1341,
1956, 1957, 1961, 2314;
28:2461(c).F CIVIL FORFEITURE
(28s)

18:981(a)(1)(C), 982, 1956,
1957, 1961, 2314; 28:2461(c).F
CIVIL FORFEITURE
(30s)

18:981(a)(1)(C), 982, 1956,
1957, 1961, 2314; 28:2461(c).F
CIVIL FORFEITURE
(31s)

18:981(a)(1)(C), 982, 1341;
28:2461(c).F CIVIL FORFEITURE
(33s)

18:1343 & 2.F FRAUD BY WIRE,
RADIO, OR TELEVISION - caused
to transmitted by wire between
VT and other states,
telephone calls in which
representatives of The Law
Centers for Consumer
Protection recruited new
clients into the debt
reduction program & induced
existing clients to continue
to send money to LCCP
pursuant to their debt
reduction program contracts
(37)

18:1341 & 2.F FRAUDS AND
SWINDLES - placed in any post
office for mail Client Account
Statements
(38)

18:981(a)(1)(C), 982, 1341,
1343, 1956, 1957, 1961, 2314
and 2315; 28:2461(c), 2.F
CRIMINAL FORFEITURE
(40)

18:981(a)(1)(C), 982, 984,
1343, 1956, 1957, 1961 and
2314; 28:2461.F CRIMINAL
FORFEITURE
(44)

18:981(a)(1)(C), 982, 984,
1343; 28:2461(c).F CRIMINAL
FORFEITURE
(45)

18:981(a)(1)(C), 982, 1956,
1957, 1961, 2314; 28:2461(c).F
CRIMINAL FORFEITURE
(46)

18:981(a)(1)(C), 982, 1956,
1957, 1961, 2314; 28:2461(c).F
CRIMINAL FORFEITURE
(47)

18:981(a)(1)(C), 982, 1343;
28:2461(c).F CRIMINAL
FORFEITURE
(49)

18:981(a)(1)(C), 982, 1341;
28:2461(c).F CRIMINAL
FORFEITURE
(50)

Offense Level (opening): 4

Terminated Counts:

NONE

Complaints:

NONE

========================

Case Assigned to: District Judge J. Garvan Murtha

SHIRLEY DINATALE (4) Thomas J. Neidl, Esq.
defendant [COR LD NTC ret]
817 Madison Avenue
Albany, NY 12208
(518) 463-0380

Pending Counts: Disposition

18:371.F CONSPIRACY TO DEFRAUD
THE UNITED STATES -
misappropriation of client
escrow funds
(1)

18:371.F CONSPIRACY TO DEFRAUD
THE UNITED STATES -
Conspiracy to defraud and to
obtain money by means of false
and fraudulent pretenses and
misrepresentations by use of
wire communications, U.S.
Postal Service and to transmit
in interstate commerce money
taken by fraud and to receive
money which had crossed a
state boundary after being
stolen or taken.
(2s)

18:1343 & 2.F FRAUD BY WIRE,
RADIO, OR TELEVISION - caused
to be transmitted by wire in
interstate commerce between
NJ, OH and VT, facsimile
transmissions authorizing and
enabling overdrafts in LCCP's
general account at PNC bank
to be covered by a transfer of
funds from the escrow
account
(7s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred in
interstate commerce between
PNC Bank, Chittenden
Bank and First Mass Bank, 42%
of the proceeds of clients'
extra funds and settlement
checks knowing said

moneys were taken by fraud
(9s)

18:1341 & 2.F FRAUDS AND
SWINDLES - caused to be
delivered by U.S. Postal
Service and by private and
commercial interstate
carrier checks diverting to
LCCP's general account
portions of clients' extra
funds and settlement
checks
(10s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred in
interstate commerce from DSA's
account at PNC Bank in NJ
to ADP's account in NY sums of
money knowing said moneys
were taken by fraud
(13s)

18:1956(a)(1)(B)(i) & 2.F
MONEY LAUNDERING - FRAUD,
OTHER - conducted wire
transfer of funds from PNC
Bank in NJ to SunTrust
Bank in FL which involved the
proceeds of
specified unlawful activity
knowing that the transaction
was designed in part to
conceal and disguise the
nature of the proceeds
(14s - 15s)

18:1343 & 2.F FRAUD BY WIRE,
RADIO, OR TELEVISION - caused
to be transmitted by wire
between NJ, OH and VT
facsimile transmissions
authorizing & enabling
overdrafts in LCCP's
general account at PNC Bank to
be covered by a transfer of
funds from the escrow account
(17 - 21)

18:981(a)(1)(C), 1956, 1957,
1961, 2314 and 2315;
28:2461(c).F CIVIL FORFEITURE

(22s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred between
PNC Bank, Chittenden Bank and
First Massachusetts Bank,
42% of the proceeds of
clients' extra funds checks
knowing said checks were
converted & taken by fraud
(23)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred from
DSA's account at PNC Bank in
NJ to ADP's account in NY
money that was converted &
taken by fraud (24 - 34)

18:981(a)(1)(C), 982, 984,
1343; 28:2461(c).F CIVIL
FORFEITURE
(27s)

18:981(a)(1)(C), 982, 1341,
1956, 1957, 1961, 2314;
28:2461(c).F CIVIL FORFEITURE
(28s)

18:981(a)(1)(C), 982, 1956,
1957, 1961, 2314; 28:2461(c).F
CIVIL FORFEITURE
(31s)

18:982(a)(1)(A),
1956(a)(1)(B)(i); 28:2461(c).F
CRIMINAL FORFEITURE
(32s)

18:1956(a)(1)(B)(i).F MONEY
LAUNDERING - FRAUD, OTHER -
conducted a wire transfer of
$25,000 from PNC Bank in NJ to
Sun Trust Bank in FL which
involved proceeds designed in
part to conceal & disguise the
nature of such financial
transactions
(35)

18:1956(a)(1)(B)(i).F MONEY
LAUNDERING - FRAUD, OTHER -
caused a wire transfer of $60,
000 from PNC Bank in NJ to
Sun Trust Bank in FL to
conceal & disguise the nature
of such financial
transaction
(36)

18:981(a)(1)(C), 982, 1341,
1343, 1956, 1957, 1961, 2314
and 2315; 28:2461(c), 2.F
CRIMINAL FORFEITURE
(40)

18:981(a)(1)(C), 982, 984,
1343; 28:2461(c).F CRIMINAL
FORFEITURE
(45)

18:981(a)(1)(C), 982, 1956,
1957, 1961, 2314; 28:2461(c).F
CRIMINAL FORFEITURE
(46)

18:981(a)(1)(C), 982, 1956,
1957, 1961, 2314; 28:2461(c).F
CRIMINAL FORFEITURE
(47)

18:982(a)(1)(A) and
1956(a)(1)(B)(i).F CRIMINAL
FORFEITURE (48)

Offense Level (opening): 4

Terminated Counts:

NONE

Complaints:

NONE

========================

Case Assigned to: District Judge J. Garvan Murtha

RODGER KOLSKY (5) Kerry B. DeWolfe, Esq.
defendant 8,8024792516
[COR LD NTC cja]
Rubin, Kidney, Myer & DeWolfe
237 North Main Street
Barre, VT 05641
(802)479-2514

Pending Counts: Disposition

18:371.F CONSPIRACY TO DEFRAUD
THE UNITED STATES -
misappropriation of client
escrow funds
(1)

18:371.F CONSPIRACY TO DEFRAUD
THE UNITED STATES -
Conspiracy to defraud and to
obtain money by means of false
and fraudulent pretenses and
misrepresentations by use of
wire communications, U.S.
Postal Service and to transmit
in interstate commerce money
taken by fraud and to receive
money which had crossed a
state boundary after being
stolen or taken.
(2s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred in
interstate commerce from DSA's
account at PNC Bank in NJ
to ADP's account in NY sums of
money knowing said moneys
were taken by fraud
(13s)

18:1956(a)(1)(B)(i) & 2.F
MONEY LAUNDERING - FRAUD,
OTHER - conducted wire
transfer of funds from PNC
Bank in NJ to SunTrust
Bank in FL which involved the
proceeds of
specified unlawful activity
knowing that the transaction
was designed in part to

conceal and disguise the
nature of the proceeds
(14s - 15s)

18:981(a)(1)(C), 1956, 1957,
1961, 2314 and 2315;
28:2461(c).F CIVIL FORFEITURE
(22s)

18:2314 & 2.F SCHEME TO
DEFRAUD: MONEY, STATE TAX
STAMPS - transferred from
DSA's account at PNC Bank in
NJ to ADP's account in NY
money that was converted &
taken by fraud (24 - 34)

18:981(a)(1)(C), 982, 1956,
1957, 1961, 2314; 28:2461(c).F
CIVIL FORFEITURE
(31s)

18:982(a)(1)(A),
1956(a)(1)(B)(i); 28:2461(c).F
CRIMINAL FORFEITURE
(32s)

18:1956(a)(1)(B)(i).F MONEY
LAUNDERING - FRAUD, OTHER -
conducted a wire transfer of
$25,000 from PNC Bank in NJ to
Sun Trust Bank in FL which
involved proceeds designed in
part to conceal & disguise the
nature of such financial
transactions
(35)

18:1956(a)(1)(B)(i).F MONEY
LAUNDERING - FRAUD, OTHER -
caused a wire transfer of $60,
000 from PNC Bank in NJ to
Sun Trust Bank in FL to
conceal & disguise the nature
of such financial
transaction
(36)

18:981(a)(1)(C), 982, 1341,
1343, 1956, 1957, 1961, 2314
and 2315; 28:2461(c), 2.F
CRIMINAL FORFEITURE
(40)

18:981(a)(1)(C), 982, 1956,
1957, 1961, 2314; 28:2461(c).F
CRIMINAL FORFEITURE
(47)

18:982(a)(1)(A) and
1956(a)(1)(B)(i).F CRIMINAL
FORFEITURE (48)

Offense Level (opening): 4

Terminated Counts:

NONE

Complaints:

NONE

========================

Case Assigned to: District Judge J. Garvan Murtha

CAROL CAPOCCIA (6) Mark Alan Kaplan
defendant [term 03/25/04]
96583551
[COR LD NTC cja]
Jarvis & Kaplan
95 St. Paul Street
P.O. Box 902
Burlington, VT 05402-0902
(802) 658-9411

Erin H. Gallivan, Esq.
[term 02/02/04]
8,8027479268
[COR LD NTC ret]
Meub Associates, Inc.
65 Grove Street
Rutland, VT 05701
(802) 747-0610

E. Stewart Jones, Jr., Esq.
[COR LD NTC ret]
E. Stewart Jones, PLLC
28 Second Street
Troy, NY 12181
(518) 274-5820

Pending Counts: Disposition

18:1512(b)(1)(B)(2001
version).F INTIMIDATION OR
FORCE AGAINST WITNESS -
persuaded housekeeper with
intent to cause and
induce her to conceal
financial records and with
intent to impair documents'
availability for use in an
official proceeding
(17s)

18:2232(b) & 2.F WARNING THE
SUBJECT OF A SEARCH - knowing
that $85,000 Carol Capoccia
had withdrawn from her
SunTrust Bank account and
given to Carlo Spano was
subject to the in rem
jurisdiction of 2:02-cv-72,
disposed of the $85,000 for
the purpose of impairing and
defeating the court's

continuing in rem jurisdiction
over the money
(18s)

18:2232(b) & 2.F WARNING THE
SUBJECT OF A SEARCH - knowing
that $85,000 Carol Capoccia
had written from her Sun Trust
Bank account and given to
CArlo Spano was subject to the
in rem jurisdiction of 2:02-
CV-72 disposed of said $85.000
for the purpose of impairing
and defeating the court's
jurisdiction
(39)

Offense Level (opening): 4

Terminated Counts:

NONE

Complaints:

NONE

========================

Case Assigned to: District Judge J. Garvan Murtha

CARLO SPANO (7) Paul S. Volk, Esq.
defendant 98628997
[COR LD NTC cja]
Blodgett, Watts & Volk
P. O. Box 8
Burlington, VT 05402-0008
(802)862-8919

Pending Counts: Disposition

18:2232(b) & 2.F WARNING THE
SUBJECT OF A SEARCH - knowing
that $85,000 Carol Capoccia
had withdrawn from her
SunTrust Bank account and
given to Carlo Spano was
subject to the in rem
jurisdiction of 2:02-cv-72,
disposed of the $85,000 for
the purpose of impairing and
defeating the court's
continuing in rem jurisdiction
over the money
(18s)

18:2232(b) & 2.F WARNING THE
SUBJECT OF A SEARCH - knowing
that $85,000 Carol Capoccia
had written from her Sun Trust
Bank account and given to
CArlo Spano was subject to the
in rem jurisdiction of 2:02-
CV-72 disposed of said $85.000
for the purpose of impairing
and defeating the court's
jurisdiction
(39)

Offense Level (opening): 4

Terminated Counts:

NONE

Complaints:

NONE

U. S. Attorneys:

James J. Gelber, AUSA
[COR LD NTC]
Gregory Lane Waples, Esq.
[COR LD NTC]
Office of the United States
Attorney
District of Vermont
P.O. Box 570
Burlington, VT 05402-0570
(802)951-6725