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

FILED by
UN IT EI) STA TES D IST RICT C O UR T
SO UT H ER N DIST RICT O F FLO RID A

CASE NO.

13-10034-CR-JEM (s)(s)

22T 2 12215 d
STEVEN M .LARIMORE
CLERK U s DIST CT

s.D.ofdlA.-M/MI

18 U.S.C.j1349
18 U.S.C-j1344
18 U.S.C.j1014
18 U.S.C.j1341
18 U.S.C.j1512(c)(2)
18 U.S.C.j2
18 U.S.C.j981(a)(1)(C)
18U.S.C.j982(a)(2)(A)
U NITED STA TES O F A M ER IC A
VS.

FRED D A VIS C LA R K ,JR .,


a/k/a isDave Clark,''
D efendant.
/

SEC O N D SUPERSED IN G IN DICT M ENT


The Grand Jury charges that:
G EN ERA L A LLEG AT IO N S
Attim esm aterialto this Second Superseding Indictm ent:

JpM organ Chase Bank,N .A.(iilpM organ Chase'')and Fiflh rl-hird Bank,N .A.
(kls
-it-th Thirdf') were tinancial institutions with oftices in Florida and elsewhere, and whose

aecottntsand depositswereinsured by theFederalDepositlnsuranceCorporation (t:FDlC'')


.

From in or around N ovem ber 2004,through in or around July 2008, Cay Clubs

Resorts and M arinas (t'Cay Clubf-) sold vondom inium units in purported luxury resorts

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Floridaand elsewhere,including in the Florida Keys. Det-endantFRED DAVIS CLARK , JR .


wasthePresidentofCay Clubsand had authority overitsuseoffunds.
'lahe ten'
n A'closing''referred to the legaleventatwhich the transterofan interest
in realestate t'
rom sellerto buyerform ally took place,aswellas the pointatwhich fundswere
supposed to betransferred between thevariousparties,such asfrom thelending institution to the
buyerorto the selleron the buyer'sbehalf.

The term tim ortgage''was used in the realestate industry to refer to a loan to
tinance the purchase ofrealestatesusually w ith specified paym entperiods and interest rates, in

which the borrower/mortgagorgave the lender/m ortgageea lien on the property ascollateralfor
the loan.

A HUD-I Settlement Statement (i-HUD-1 Statementf') was a standard form


required to be executed for the closing of al1 realestate transactions. The H U D -l Statem ent

item ized allaspectsoftheclosing forthe lender,including any paym entsmade by the borrower,
m oney dueto the seller,and anytkespaid to third partiesin connection with theclosing.
kkcash to close-'referred to the m onetary obligations to be m et by the buyer in
.

orderforaclosing on aparticularrealestate transaction to becom pleted.


An -inducement to borrower''referred to a paymentor other tinancialbenetst
provided by the sellerto the bonow erthatw as prom ised to the borroweraspartofthe realestate
transaction.

The term 'Vstraw buyer'' referred to a borrower who, for a fee or other benefst.
allow ed theiridentity and ereditto be used to obtain a m ortgage loan.
CM Z Group,LTD ,w as a Caym an Islands com pany, and along w ith its affiliates,

including CashW iz H oldings, LTD and lsland Elem ents, Cl, LTD (collectively, ':
CM Z''),

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operated pawn shops in the Caribbean. CM Z generated revenue by purchasing gold from
custom ers and selling it to a third party for a profit. FR ED D AV IS C LA RK , JR . w as a
principalin CM Z and its predecessor entities from atleastin oraround O ctober20l0, through in
oraround January 2013.

10.

CristalClear Charters,LI-C (i'CCC''),was a Florida lim ited liability company

withabankaceountatBankofAmerica($BofA'-)inKeyLargo,Florida,endinginxl973

DC6.l-lvC (--DC6'-),wasa Florida limited liability company with a bank aeeount


atBofA in K ey Largo,Florida,ending in x2558.
O n or about M ay 13, 2011, the U .S. Securities and Exchange Com m ission

('SEC'').as partofoffscialinvestigation num berNo.171.-03343,took the sworn testimony of


FR ED D AV IS C LA R K ,JR .atthe SEC 'S offices in M iam i.Florida. FR ED D A VIS C LA R K ,
JR .testitied concerning his incom e and the location ofany bank aecounts, funds orassetsw ithin
hispossession,custody orcontrol.

Beginning on or about January 31,2013,and continuing through atleastin or


around April2013,FRED DAVIS CLARK ,JR.caused a series of funds transfers from the
Caym an lslandsto third party accountsin the Republic ofHonduras, and elsew here.
CO UN T 1
C onspiracy to C om m itBank Fraud

(18 U.S.C.5 1349)


Paragraphs l through 8 of the General Allegations section of this Second

Superseding lndictmentarere-alleged and incorporated herein by referenee.


Beginning in or around N ovem ber2004,and continuing untilatleastin or around
M ay 20ll,in M onroe County-in the Southern D istrictofFlorida, and elsew here,the defendant.
FR ED D A V IS C LA R K ,JR .,
a/k/a iilave C lark,''

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did willfully,that is,with the intentto further the objectofthe conspiracy,and knowingly
combine,eonspire,confederate,and agree wilh othersknown and unknown to the Grand Jury to
com m itan offense againstthe United States, thatis,to knowingly,and with the intentto defraud,
execute and cause the execution of a schem e and artitice to obtain any of the m oneys, funds,

credits,assets,securities,and otherproperty owned by, and underthecustody and controlof,one

ormoretsnancialinstitutions,including JP M organ Chaseand Fifth Third, by meansoffalse and


t'raudulent pretenses, representations, and prom ises relating to a m aterial fact, in violation of

'l-itle 18.United StatesCode.Section 1344(2).


PUR PO SE O F TH E C O N SPIRA C Y
lt w as a purpose of the conspiracy for the detkndant and his conspirators to

unlawfully enrieh themselves by m isleading and defrauding lending institutions, by (a) using

straw borrowersto purchase condominium unitsin investmentproperties;(b)submitting false


and fraudulentloan applicationsand related documentsto lending institutions, thereby inducing
the lending institutions to loan,in some transactions, m ore m oney than they otherw ise would

haveloaned'
,(c)preparing and submittingtothelendersfalseand fraudulentHUD-IStatements
thatdid notaccurately reflectthe payments made by the borrower;and (d) diverting fraud
proeeedsfortheirpersonaluse and benefit,andto furtherthef'raud schem e.
M A N NER AN D M EA N S O F TH E C O N SPIR A CY

The mannerand meansby which thedefendantand hisconspiratorssoughtto accomplish

theobjectandpurposeoftheconspiracy included,amongothers,thefollowing:
FRE D DA V IS CLA R K , JR . and his conspirators w ould operate num erous
corporate entities using the nam e cay Clubs,''and w ould create bank accounts for each entity.
FRED D AV IS C LA R K ,JR .w ould have others listed as signatories oraccountholderson bank

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accounts,and keep hisname offofbank accounts. Thiswasdone to concealhiscompensation


and to avoid collection on an outstanding unpaid eottrt judgment against FRED DAVIS

CLARK ,JR.from 1989 ofapproxim ately $6.1million.


ln order to profit f'rom the operation of Cay Clubs, and to pay the financial

obligationsofCay Clubs,FRED DAVIS CLARK,JR.and hisconspitatorswould orchestrate


thepurported sale orretlnanceofCay Clubsunitsthathe controlled.
6.

FRED DAVIS CLARK,JR.,would identify insiders including certain family

members,such asConspirator//1,Conspirator #2, Conspirator //3 and Conspirator #4,to act as


straw borrow ers 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
applications. w hich included false inform ation related to em ploym ent, Wages, aSSCtS and

liabilities. These false and t'


raudulent loan applications and docum ents w ere subm itted by
co-conspirators to various m ortgage lenders in the U nited States, including fsnancialinstitutions

such asJP M organ Chase,Fifth Third,and other lenders,including Countrywide Hom e Loans.

In connection with the purchase of properties,FR ED DA V IS C LA R K , JR.and


other conspirators prepared and caused to be prepared false and fraudulent H U D-I Statem ents

which,among otherthings,falsely and fraudulently represented to the mortgage lendersthatthe


straw borrow ers had m et their down paym entand cash to close obligations, w hen,in fact,the
straw borrowersneverm ade any ofthese paym ents.
8.

FRE D D AV IS C LA R K .JR. executed H UD -I Statem ents in w hich he falsely

and fraudulently represented that the H U D-1 Statem ents accurately retlected a1l receipts and
disbursem ents m ade in the transactions. 'I-he l-ltqD-1 Statelments eoncealed the fact that the

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borrower's down payment and cash to close obligations were paid by a Cay Clubs entity
controlled by FRED DA V IS CLA RK ,JR.
The iIU D-I Statem ents would failto disclose tsnancial inducem ents m ade to the

borrowers-including com missions,furniture packagesand leaseback paym entspaid orpromised


to bepaid by the selleraspartofthe transaction.
10.

To suppol'
t certain of the false and fraudulent loan applications provided to

lenders,FRED DAVIS CLARK,JR.would causeotherstosubmitlothelender:(a)documents


containing false signaturesand notarizations;(b)false supporting documentation including false
leaseagreements'
,and (c)tax returnsand pay stubscontaining falseand misleading infonnation

Based on the false and t'


raudulent loan applications and HU D -l Statem ents, the

mortgagelenderprovided fundsthatweredcposited into Cay ClubsaccountsthatFRED DAVIS


CLARK,JR.controlled and wereavailable forhispersonalbenefstand to furtherthe t'
raud.
l2.

Forloans obtained in the names ofstraw borrowers, the borrow ers listed on the

loan applications did not m ake the m ortgage paym ents. lnstead,for a period of tim e ater the
transactions closed. FR ED D AV IS C LA R K ,JR .caused the m onthly m ortgage paym ents for
these loans to be paid from accounts he controlled. Subseqblently, FR ED D AV IS C LA RK ,
JR. stopped m aking the paym ents and the m ortgages w ent into toreclosure, resulting in
substantiallosses to the lenders.

During the schem e, FRED DAVIS CLA RK , JR. would make false and
t'
raudulent statem ents to others as to his incom e related to Cay Clubs as a m eans ofconcealing
his role in the fraud and use ofCay C lubsfunds to obtain loans forhis personalbenetst.
A1lin violation ofTitle l8,United States Code,Seetion l349.

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C O U NT S 2-4
Bank Fraud

(18U.S.C.j 1344)
Paragraphs 1 through 8 of the General Allegations section of this Second
Superseding lndictm entarere-alleged and incop orated herein by reference.
Beginning in oraround N ovem ber2004,and continuing untilatleaslin or around

M ay 201l,in M onroeCounty,in the Southern DistrictofFlorida,and elsewhere. thedefendant,


FR ED DA V IS C LA RK ,JR.,
a/k/a illaveClarkr''

did knowingly and with the intentto detiaud,execute.and attem ptto execblte, and cause the
execution of,a scheme and artitsce to obtain any ofthe moneys,funds,credits, assets,securities,
or other property owned by, and under the custody and controlof, one or m ore t'inancial
institutions, including JP M organ Chase and Fifth Third, by m eans of false and fraudulent

pretenses,representations,and prom ises relating to a m aterial faet,in violation of Title l8,

United StatesCode.Sections 1344(2)and 2.


PU RPO SE O F T H E SC H EM E A ND A RT IFIC E
Itwas a purpose ofthe schem e and artifice tbrthe detkndantto unlaw tully enrich

himselfby misleading and detiauding lending institutions,by (a) using straw borrowers to
purchasecondominium unitsin investmentproperties;(b)sublnitting falseand fraudulentloan
applications and related docum ents to lending institutions, thereby inducing the lending

institutions to loan,in some transactions,m ore money than they otherwise would have loaned;

(c)preparing and submitting to the lenders false and f'


raudulentHUD-I Statem entsthatdid not
accurately retlectthe payments made by the borrower;and (d)diverting fraud proceeds for his
personaluse and benefit-and to furtherthe t'
raud schem e.

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TH E SC H E M E AN D A RTIFIC E

l'he M annerand M eanssection ofCount1 ofthisSecond Superseding Indictment


is re-alleged and incorporated by reference as though fully setforth herein as a description ofthe
schem e and artifice.
EX EC UT IO N O F TH E SC H EM E A N D AR TIFIC E
On oraboutthe dates specified as to each countbelow ,in M onroe County,in the
Southern Districtof Florida,and elsew here,the detkndant did execute, and cause the execution

otltheaforesaidschemeandartitscetodefraud,asmoreparticularlydescribedbelow:
g

. ..

..

. .

10/13/2006 W ire transfer of $51,778.40 for cash to close fbr loan from JP
M organ Chase of $1,100,000 in the nam e of Conspirator #1 for
11600 FirstA ve.G ulf,U nit41,M arathon,FL

10/26/2006 W ire transfer of $162,070.20 for cash to close for loan from .
1P
M organ Chase of $646,757 in the name of Conspirator //1,for 19
Som brero Blvd.,U nit426,M arathon,FL

l0/27/2006 W ire transfer of $235,258.45 for cash to close for loan from JP
M organ Chase in amountof $565,912 in the nam es of Conspirator
//2 and Conspirator //3 for 19 Som brero Blvd.,U nit432,M arathon,
171.

In violation of-l-itle l8.United StatesCode.Sections l344(2)and 2.


CO UN TS 5-7
False Statem entIn Connection W ith Federally lnsured Loan

(18U.S.C.j 1014)
Paragraphs

through 8 of the G eneral Allegations sed ion of this Second

Superseding lndictm entare re-alleged and incorporated herein by reference.


On or aboutthe dates settbrth as to each countbelow .in M onroe County,in the
Southern D istrictofFlorida,and elsew here,the defendant,
8

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FR ED DA V IS C LA R K ,JR .,
a/k/a iilave C lark,''

did knowingly and willfully make false statements in connection with a Ioan application and
loan,to a lsnancialinstitution,thatis,JP M organ Chase,the accountsand deposits ofw hich w ere

insured by the FDIC,which statementsthe defendantknew to be false,and which statem entsthe

detkndantmadewith the intentto intluencethe action ofJP M organ Chase upon an application
fora loan and a loan,asspeeitied below by eount:

10/26/2006 Execution of HUD-I Statem entrepresenting that $162,070.20 for


cash to close for a loan in am ount of $646,757 in the nam e of
Conspirator #1,for 19 Som brero B lvd.,Unit426,M arathon,FL,w as
from the borrow er.

10/27/2006 Execution of HUD-l Statementrepresenting that $235.258.45 tbr


cash to close for a loan in amount of $565,912 in the names of
Conspirator//2 and Conspirator//3 for 19 Som brero Blvd.,Unit432,
M arathon,FL,was from the borrow ers.

10/27/2006 Execution of HUD-I Statement representing that $235,249.95 for


cash to close for a loan in am ount of $565,912 in the nam e of
Conspirator#4 for 19 Som brero Blvd.,U nit433,M arathonsFL,w as
from the borrow er.

ln violation ofTitle 18,United StatesCode,Sedions 10l4 and 2.


C O U NT 8
C onspiracy to Com m itM ailand W ire Fraud

(18U.S.C.j 1349)
Paragraphs 9 through 13 of the General A llegations section of this Second

Superseding lndictm entare re-alleged and incorporated herein by refkrence.


Beginning in or around O ctober 20l0.and continuing until at least in or around

April20l3,in M onroe Cotm ty,in the Southel'n D istrictofFlorida,and elsew here,the defendant,

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FR ED DA V IS C LA RK ,JR .,
a/lt/a dsD ave C lark,''

did willfklly,thatis,with the intentto furtherthe ohjects ofthe conspiracy,and knowingly


com bine,conspire,confederate,and agree w ith others known and unknow n to the G rand Jury:

to knowingly and with intentto defraud,deviseand intend to devise a scheme and

artit-iceto defraud and to obtain m oney and property by m eansofm aterially false and fraudulent
pretenses,representations.and prom ises,knowing that they were false and fraudulent when
m ade,and knowingly causing to bedelivered certain mailm atterby U.S.mailand by privateand
com m ercialinterstate carriers according to the directions thereon, for the purpose of executing

the scheme,in violation ofl-itle 18.United StatesCode-Section l34l'


-and
to know ingly and w ith intentto defraud,devise and intend to devise a schem e and

artificeto defraud,and to obtain money and property by m eansofm aterially false and fraudulent

pretenses,representations,and prom ises,knowing that they were false and fraudulent when
m ade, and transm itting and causing to be transm itted in interstate and foreign com m erce, by
m eans of wire com m unication. certain writings, signs, signals, picttlres and sounds, for the
purpose of executing the schem e and artitice, in violation of Title 18, U nited States
Section 1343.
PU R PO SE O F TH E C O N SPIM CY

lt was a purpose of the conspiracy for the defendant and his conspirators to
unlawfully enrich them selvesby lnisappropriation and diversion offundsowed to theirbusiness
partners and investors at CM Z and affiliated entities, to them selves, by concealing cash
withdrawals, transfers and paym ents of such funds to them selves or third parties tbr their
personaluse and benefit.

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M ANNER AND M EAN S OF THE CONSPIRACY


The m annerand m eansby which the defendantand hisconspiratorssoughtto accom plish

theobjectsandpurposeoftheconspiracyincluded,amongothers,thefollowing:
FR ED DA V IS CLA R K , JR . would m aintain bank accounts at BofA in Key

Largo,Florida,in 1he name ofCCC and DC6 (ithe Key Largo aeeounts''). The defendant
w ould receive m onthly bank statem ents and other correspondence via U .S.M ailby using a post

office box he controlled.located at P.O.Box l119- vl-avernier.Florida.33070,among other


places.

Fundswere generated from theoperation ofthe businessofCM Z and itsaftsliates


by obtaining raw m aterials including gold and precious m etals from paw n shops in the

Caribbean,and shippingthese materialsto athird party sm elting plantin lllinois. These fundss
attimestotaling hundredsofthousandsofdollars perm onth,would then be transferred into the
Key Largo accounts.

FRED DAVIS CLARK ,JR.and othersacting athisdirection,would make false


and m isleading representations to others aboutthe purpose ofusing the K ey Largo accounts and

the m almerin which the fundstransferred into the accounts were used. These representations

failed to disclose that the revenues of the company were subject to the personal and
tlndocum ented use by FR ED DA V IS C LA RK ,JR.and his fam ily m em bers.
FR ED DA V IS C LA R K JR . and his fam ily m em bers w ould m ake cash

withdrawals and electronic funds transfersfrom the Key Largo accounts fortheirown personal
use and benefit, including for consum er'goods. m eals, travel, entertainm ent, private school
tuition,and otherbusinessventures.

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W hen questions were asked by the principals, investors or outside auditors of


CM Z and its aftiliatesfor an aecounting ofthe use off'
unds orexpenses related to the Key Largo

accounts,FRED DAV IS CLARK JR.and Conspirator//1 would execute phony agreem ents to
falsely explain and coneealhow the fundswere used.and to make the use offundsappearto be
rclated to a business purpose. FR ED D AV IS C LA R K JR . and Conspirator //1 w ould also
execute tax returns w ith false vlaim s of em ploym entand business expenses, to m ake it appear
thatthe personaluse of funds from the accounts constituted em ploym ent incom e from CM Z or
w ere business expensesofthe CCC and D C6 entities.

Shortly before the SEC tsled an action againsthim on January 30,2013, FRED
D AV ID C LA RK ,JR .inform ed the otherprincipals ofCM Z that he w ould be sued by the SEC .
FRED DA V IS CL AR K ,JR.then executed an agreem entw ith CM Z to be paid forhisinterestin
the entity w ithout disclosing the diversion a'
nd m isappropriation of funds that FR ED D AV IS

CLARK JR.had caused from the pawn shop revenuesand CM Z'Sotherbusinessaccountsfrom


approxim ately O ctober 2010 through approxim ately January 20l3. In this w ay, FRE D D A VIS
C LA R K ,JR .caused CM Z and its aftsliates to value hisinterestin the business and pay him for

that interest in an amount far in excess of whathe would have received but for the hidden
diversion of funds,false statem ents,and concealm entof m aterial infonnation during the course
ofthe schem e.

10.

On oraboutFebruary 27,2013,before a paym entofnearly $2 million wasto be

madeto FRED DAVIS CLARK ,JR.aspartofhis separation agreem ent.questionswere asked


by the CM Z principalsregarding the potentialdiversion offunds by the defendantthrough the
Key Largo accounts. The C M Z principals m ade a requestto lndividual#1 and lndividual#2,

personswho acted atthe direction ofFRED DAVIS CLARK JR.,butwere employed by CM Z,

12

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for copies of the Key Largo account statem ents. FRED DAVIS CLARK, JR. directed
lndividual//1and lndividual//2 notto providea copy to CM Z to avoid detection ofdefendant's
fraudulentconduct.

Allin violation of-l-itle l8,United StatesCode,Section l349.


C O U NT S 9-11
M ailFraud

(18U.S.C.1 1341)
Paragraphs 9 through 13 of the G eneral A llegations section of this Second
Superseding lndictm entare re-alleged and incorporated herein by reference.

Beginning in oraround October2010,and continuing untilatlcast in or around


April2013,in M onroe County,in the Southel'n Distrid ofFlorida,and elsewhere, the defendant,
FRED D AV IS C LA RK ,JR .,
a/lda $6D ave Clark,''

did knowingly and with intentto defraud.devise and intend to devise a sehem e and artifice to
detiaud and to obtain m oney and property by m eans ofm aterially false and fraudulentpretenses.
representations.and prom ises, know ing that the pretenses, representations. and prom ises were

false and fraudulentwhen made,and knowingly caused to be delivered certain m ailmatter by


U.S.m ailand by private and com m ercial interstate carrier, according to directions thereon for
the purpose ofexecuting the schem e and artitice.
PU R PO SE O F T H E SCH EM E A N D ART IFICE

ltwasapurpose ofthe scheme and artifsce forthe defendantand hisaccomplices


to unlawfully enrich thelmselves by m isappropriation and diversion of funds ow ed to their
business partners and investors atCM Z and aftsliated entities,to them selvessby concealing cash
w ithdraw als, transfers and paym ents of such funds to thcm sclvcs or third parties for their
personaluse and benetit.
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TH E SC H EM E AN D A R TIFICE

TheM annerand M eanssection ofCount8 ofthisSecond Superseding lndictm ent


are re-alleged and incorporated herein by reference as a description ofthe schem e and artifice.
U SE O F T H E M A ILS

On or aboutthe dates specified as to each countbelow ,FRE D DA V IS C LA RK

JR.,tbrthe purpose of executing and in furtherance of the afbresaid schem e and artifice to
defraud and to obtain money and property by meansofmaterially false and fraudulentpretenses,
representations and prom ises, know ing that they were false and fraudulent w hen m ade, did

knowingly cause to be delivered by U.S.m ailand by private and comm ercialinterstate carrier,
according to the directionsthereon,the itemsidentifsed below in each count:

10
11

Bank statem ent for CCC BofA account ending in x1973,


Novem ber 30,2010 delivered via U .S.m ailto P.O ,Box 1119.Tavernier,Florida,
33070
Bank statem ent fbr CCC BofA account ending in x1973,
M arch 31,20l1 delivered via U.S.mailto P.O.Box 1119,Tavernier,Florida,
33070
Bank statem entforCCC BofA accountending in x1973,
M ay 3 1,2011
delivered via U .S.m ailto P.O .Box 1119,Tavernier,Florida,
33070
ln violation ofTitle 18,U nited StatesC ode,Sections l341 and 2.
CO UN T 12
O bstruction ofO fficialProceeding

(18U.S.C.j 1512(c)(2))
The General Allegations section of this Second Superseding Indictm ent is
re-alleged and incorporated herein by reference.
From at least on or about M ay 13,2011,through at least on or about April 22,

2013,in M iam i-D ade County,in the Southern D istrictofFlorida,and elsew here,the detkndant,
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FR ED D A VIS C LA R K ,JR .,
a/k/a slave C lark,''

did con-uptly obstrtlct,intluence,and impede,and endeavorto obstruct,intluence,and impede,


the due and proper adm inistration of the law under w hich a pending proceeding was being
conducted,specitically to frustrate the ability of the U .S.Securities and Exchange Com m ission,

an agency of the United States,in relation to officialinvestigation num ber 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 tl
alse and m isleading testim ony,engaging in certain financialtransactions, using shell

entities,and otherconductdesigned to concealthe source.location and controlofincom e,assets


and fundsowned and controlled by FRED DAVIS CLARK,JR.

lnviolation ofTitlel8,UnitedStatesCode,Sectionsl5l2(c)(2)and2.
FO RFEIT UR E

(18U.S.C.jj981(a)(1)(C)& 982(a)(2)(A))
The G eneral A llegations sed ion,and the allegations of C ounts l through 12 of
this Scond Superseding Indictm entare re-alleged and incorporated herein by retkrence for the

purpose ofalleging tbrfeiture to the United States ofAmerica,ofproperty in which defendant,


FRED D AV IS C LAR K ,JR .,hasan interest.
Upon conviction of any of the offenses alleged in Counts 1 through 7 of this

Second Superseding lndictment,FRED DAVIS CLARK JR.shallforfeitto the United States


any property constituting or derived from proeeeds the defendant obtained directly or indireetly
asthe resultofsuch oftknse ora conspiracy to com m itsuch offense.

Upon conviction of any of the offenses alleged in Counts 8 through 12 ofthis


Second Superseding Indictm ent,FRE D D A VIS C LAR K JR .shall forfeit to the U nited States

15

Case 4:13-cr-10034-JEM Document 351 Entered on FLSD Docket 10/02/2015 Page 16 of 20

any property,realor personal,whieh constitutes or is derived from proceedstraceable to sueh


offense ora conspiracy to com m itsuch offense.

Theproperty subjed to forfeiture,upon convielionofanyofthcoffenseseharged


in thisSecond Superseding lndictment,shallinclude,butisnotlim ited to:

asum ofmoney equalin valueto theproceedstraceabletothe offensetsl;


a sum ofapproximately $1,699,675 transferred on or about April22,20l3 to a
bank accountin thenam eofDinero Shop,SA atBanco Davivienda,ending in x4611. in Roatan,
Honduras which sum has been transferred to and frozen by the Honduras Oftice of Public
M inistry'
,

a sum ofapproximately $452,519.52 previously contained in a bank'accountin


thenam eofDinero Shop,SA atBaneo Davivienda,ending in x4611,in Roatan,Honduraswhich
sum hasbeen transtkrred to and t'rozen by the H ondtlras Ot1sce ofPublic M inistry'
,

d.

a sum of approxim ately $125,000 wired by Travers,Thorpe,Alberga,Caym an

lsland A ttorneys at the direction of Fred D avis Clark,Jr.,to a Scotia Bank account ending in
x8056,
.and

The funds,shares and businessinterestdescribed by DefendantFed DavisClark,


Jr..during hisdeposition in Case No.l3-ClV-1001l-KilAg,taken on Decem ber6.20l3 atParrot
Tree Plantation,Roatan Bay lslands,Honduras m ore fully-described atpages l5, l7,l8 and 21

ofthe record ofsaid deposition,generally described as$400,000 to $500,000 in funds issued by


CM Z to the benefitof Fred D avis Clark,Jr.and subsequently transtkrred to orforthe benefitof
Fred D avis Clark.Jr.to obtain an ow nership interest in a tourist m edicalventure at Parrot Tree
Plantation,in Roatan,Honduras.

16

Case 4:13-cr-10034-JEM Document 351 Entered on FLSD Docket 10/02/2015 Page 17 of 20

Pursuantto Title21,United StatesCode,Section853(p),madeapplicablethrough


Title 28.United States Code, Section 2461 and through Title 18,U nited States Code, Section

982(b),ifany property described aboveasbeing subjectto forfeiture,asaresultofany actor


om ission ofthedefendant:cannotbe located upon duediligence'
,hasbeen transferred, sold to,or

depositedwithathirdparty;hasbeenplaeedbeyondthejurisdictionoftheCourt;has been substantially diminished in value;or,has been comm ingled with other property which cannotbe
subdivided w ithoutdiftsculty;it is the intentofthe United States to seek the fort-eiture of other

propertyofthedefendantupto thevalueoftheabove-described forfeitableproperty.

AllpursuanttoTitle l8,UnitedStatesCode,Sections981(a)(l)(C)and982(a)(2)(A),and
the procedures setforth in Title 21,United StatesCodesSection 853.

A TRU E BIL1w

FO REPER SO N

W IFREDO A . FERR ER
*
N
UN ITED STATES ATTO RN EY

JER O DU FFY
THO A S A .W A TTS-FITZG ERA LD
ASSISTANT UNITED STA'INES A'FTORNEYS
M ICIIA EL D .PA DU LA
SPECIA L A SSISTA N T ITN ITED STA TES A TTO RN EY

UNITED STATES DISTRICT COURT

Case 4:13-cr-10034-JEM Document


351 RNEntered
onFFLSD
SO UTHE
DISTRICT OF
LORIDA Docket 10/02/2015 Page 18 of 20
UNI
TED STATES OF AM ERICA

CASENO.

13-10034-CR-JEM(s)(s)

VS.

CERTIFICATE OFTRIALATTORNEY*
FRED DAVIS CLARK,1R.

Defendant.

Superseding Case Inform ation:

CourtDivision:(Selectone)
M iam i
FTL

New Defendantts)

Key W est
W PB

Yes

Num berofNew Defendants


Totalnum berofcounts

12

1do herebycertifythat:
Ihave carefully considered the allegations ofthe indictm ent,the num berofdefendants, the numberof

probablewi
tnessesand the IegalcomplexitiesoftheIndictment/lnformation attachedhereto.

Iam aware thatthe inform ation supplied on this statem entwillbe relied upon by the Judges ofthisCourtin
setting theircalendars and scheduling crim inaltrials underthe m andate ofthe Speedy TrialAct, Title 28
U.S.C.Section 3161.

Interpreter: (YesorNo)
ListIanguageand/ordialect

NO

Thiscase willtake 18 daysforthe partiesto try.


Please check appropriate category and type ofoffense Iisted below :
(Checkonlyone)

0 to 5 days
6 to 10 days
11to 20 days
21to 60 days
61 daysand over

6.

Ifyes:
Judge:

Petty
M inor
X

M isdem .
Felony

' ' '

Hasthiscasebeenpreviousl
yfiledinthisDistrictCourt? (YesorNo) Yes
Hon.Jose E.M artinez

Case No. 13-10034-CR-JEM

Hasacomplaintbeenfiledinthismatter?

(YesorNo)

Ifyes:
M agistrate Case No.
Related M iscellaneous num bers:

Defendantts)infederalcustodyasof
Defendantts)instatecustodyasof

No

une ,

Rule 20 from the

Isthisapotentialdeath penaltycase?(YesorNo)

Dlstrlcto

No

Doesthis case originate from a matterpending in the Northern Region ofthe U.S.Attorney's Office priorto
October14,2003?
Yes
X
No
Does this case originate from a m atterpending in the CentralRegion ofthe U.S,Attorney's Office priorto
Septem ber1,2007?
Yes
X
No

*penaltySheetts)attached

JER B U FY
ASS TA T UNITED STATES ATTORNEY
Cou tI # A5501106

Case 4:13-cr-10034-JEM Document 351 Entered on FLSD Docket 10/02/2015 Page 19 of 20

U N IT ED STA TES DIST RICT CO UR T


SO UT H ER N DIST RICT O F FL O R ID A

PENALTY SHEET
Defendant'sN am e:FR ED D A V IS C LA R K .JR .a/k/a iklave C lark''

Count#:1
Conspiracy to Com m itBank Fraud
Title 18,United States CodesSection 1349

*M ax.Penalty: Thil'ty(30)yearsimprisonment
Counts#:2-4
Bank Fraud

Title l8.United States Code,Section 1344

*Max.Penalty: Thil'
ty(30)yearsimprisonment
Counts #:5-7

False Statem entin Connection W ith Federally lnsured lsoan

Title l8,United StatesCode.Section l512(c)(2)

*M ax.Penalty: 'l'
hil'ty (30)yearsimprisonm ent
Count#:8

Conspiracy to Com m itBank Fraud


Title 18,United StatesCode.Section 1349

* M ax.Penalty: 'l'wenty (20)yearsimprisonment

*Refers only to possible term ofincarceration,does notinclude possible fines,restitution,


specialassessm ents,parole term s,or forfeitures thatm ay be applicable.

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

UNITED STATES DISTRICT CO URT


SO U TH ER N DIST RICT O F FLO R IDA
PENA LTY SH EET
D efendant's N am e:FRED DA V IS C LA R K .JR .a/lt/a tslave Clark''

CaseNo:13-10034-CR-JEM (s)(s)
Counts#:9-11
M ailFraud

Title 18,United States Code,Section l341

*M ax.Penalty: Twenty(20)yearsimprisonmentastoeachcount
Count#:12

ObstructionOfOfticialProceeding
Title 18,United StatesCode,Section 1512(c)(2)

*M ax.Penaltz: Twenty (20)yearsilnprisonment

RRefersonly to possible term of incarceration,doesnotinclude possible fines,restitution,


specialassessm ents,parole term s,or forfeituresthatm ay be applicable.