351 second superseding indictment

8/20/2019 351 Second Superseding Indictment

1/20

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

Case 4:13-cr-10034-JEM Document 351 Entered on FLSD Docket 10/02/2015 Page 1 of 20


2/20

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''),



3/20

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.


a/k/a iilàave Clark,''



4/20

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



5/20

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



6/20

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

.



7/20

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.



8/20

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



9/20


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,



10/20


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



11/20

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



12/20

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



13/20

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,


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



14/20

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



15/20


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

15



16/20

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



17/20

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



18/20

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



19/20

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.



20/20

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.


351 second superseding indictment

Documents