18-60202-cr-dimitrouleas/snow · ftl l do hereby certify that: key west-dr- wpb ftp i have...

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

CASE NO.

18 U.S.C. j 1349

UNITED STATES OF AM ERICA

DALE SCOTT W OOD,

Defendant.

INFO RM ATION

The United States Attorney charges that:

GENERAL ALLEGATIONS

At a11 times relevant to this lnformation:

Defendant DALE SCOTT W OOD was a resident of Broward County, Florida.

HPC US Fund 1, L.P. and HPC US Fund 2, L.P. (collectively, CCHPC'') are

investment lim ited partnerships that were fonned for the purpose of investing in the United States

real estate mortgage m arket. HPC represents the interests of approxim ately 1,872 Germ an

nationals who pooled approximately $56,499,000 with HPC for such investment pum oses.

HPC invested in the United States real estate market by m aking mortgage loans

secured, prim arily, by comm ercial properties throughout the United States.

HPC would contract with other lenders to jointly fund some loans and provide

servicing of the loans.

After the United States real estate m arket crash in 2007 through 2008, HPC had to

foreclose on m any of the mortgages HPC had m ade on the properties and needed a person in the

18-60202-CR-DIMITROULEAS/SNOW

Jul 18, 2018

DDCase 0:18-cr-60202-WPD Document 1 Entered on FLSD Docket 07/18/2018 of 7

United States to oversee the foreclosure process and manage, maintain and m arket the properties

when HPC acquired clear title.

From in or around November 2009, through in or around November 2013,

defendant DALE SCOTT W OOD and entities controlled and operated by him were retained by

HPC to m anage their real estate holdings in the United States.

Defendant DALE SCOTT W OOD m anaged HPC'S property, prim arily, through

Company 1.

From in or around Novem ber 2009, through in or around November 201 3, co-

conspirator Theodore Gunter Gies was employed as a boolckeeper at Com pany 1 working at the

direction of defendant DALE SCOTT W OOD .

COUNT 1

Conspiracy to Com m it W ire Fraud

(18 U.S.C. j 1349)

Paragraphs 1 through 8 of the General Allegations section of this lnfonuation are

re-alleged and incorporated by reference as though fully set forth herein.

2. From in or around Apl'il 201 1, through in or around November 20l 3, in Broward

County, in the Southern District of Florida, and elsewhere, the defendant,

DALE SCO TT W OO D,

did knowingly and willfully combine, conspire, confederate, and agree with other persons, known

and unknown to the United States Attorney, to comm it an offense against the United States, that

is, to knowingly and with the intent to defraud, devise and intend to devise a scheme and artifice

to defraud, and for obtaining m oney and property by m eans of m aterially false and fraudulent

pretenses, representations, and promises, lcnowing that the pretenses,representations, and

prom ises were false and fraudulent when m ade, and, for the pum ose of executing the schem e and

Case 0:18-cr-60202-WPD Document 1 Entered on FLSD Docket 07/18/2018 of 7

artifice to defraud, and for obtaining m oney and property by m eans of materially false and

fraudulent pretenses, representations and promises, to knowingly transm it and cause to be

transm itted, by m eans of wire comm unication in interstate and foreign comm erce, certain writings,

signs, signals, pictures and sounds, in violation of Title 18, United States Code, Section 1343.

PURPO SE OF THE CO NSPIRACY

lt was the purpose of the conspiracy for DALE SCOTT W OOD and his co-

conspirators to unjustly enrich themselves by causing and concealing the unauthorized sale of, or

other transfer of interests in, real properties owned by HPC and converting the proceeds to their

OW n use.

M ANNER AND M EAN S OF THE CONSPIM CY

The manner and m eans by which DA LE SCOTT W OOD and his co-conspirators sought

to accomplish the purpose and object of the conspiracy included, among others, the following:

W ithout disclosure to or authorization from HPC, DALE SCOTT W OOD would

cause the transfer of title or other interest in HPC'S real estate holdings to third party purchasers.

5. After the transfer of each real estate holding and interest, Defendant DALE SCOTT

W OOD and co-conspirator Theodore Gunter Gies would direct the disbursement of the proceeds

to various accounts they controlled, which proceeds they used for their own purposes.

To conceal the real estate transfers from HPC, defendant DALE SCOTT W OOD

and Co-conspirator Theodore Gunter Gies would prepare false financial and status reports

indicating that the properties and interests were still held by HPC .

Defendant DALE SCOTT W OOD would cause the false financial and status reports

to be sent by domestic and international wire transm issions from their office in Fort Lauderdale,

Flodda to the office of HPC located in Ham burg, Germany.


8. From in or around April 201 1, through in or around November 201 3, Defendant

DALE SCOTT W OOD and co-coconspirator Theodore Gunter Gies received $7,130,410 from the

transfer of real estate and other interests without notice to HPC.

All in violation of Title 18, United States Code, Section 1349.

FO RFEITURE ALLEGATIONS

The allegations of this Inform ation are re-alleged and by this reference fully

incorporated herein for the purpose of alleging criminal forfeiture to the United States of America

of certain property in which the defendant, DALE SCOTT W OOD, has an interest.

Upon conviction of a violation of Title 18, United States Code, Section 1349, as

alleged in this Inform ation, the defendant, DALE SCOTT W OOD, shall forfeit to the United States

of America, pursuant to Title 18, United States Code, Section 981(a)(1)(C), any property real or

personal, which constitutes or is derived from proceeds traceable to such violation.

A1l pursuant to Title 18, United States Code, Section 98 1(a)(l)(C), as made applicable by

Title 28, United States Code, Section 2461(c) and Title 18, United States Code, Section

982(a)(2)(B), and the procedures set forth in Title 21, United States Code, Section 853.

c-e

.ZBENJAM W .GREENBERGUN1 E TATES ATTOR EY

#

. wt-e e-o

THOM AS P. LA A

ASSISTANT UN ITED STATE TTORNEY

4


UNITED STATES DISTRICT COURTSO UTHERN DISTRICT OF FLORIDA

UNITED STATES OF AM ERICA

VS.

DALE SCOTT W OOD,

Defendant./

Court Division: (Select One)

CASE NO.

CERTIFICATE OF TRIAL ATTO RNEY*

Case Information:

New Defendantts)Number of New DefendantsTotal number of counts

Yes . .X. No

M iamiFTL

l do hereby certify that:

Key W est-Dr- w PB FTP

I have carefully considered the allegations of the indictment, the number of defendants, the number of probablewitnesses and the legal complexities of the Indictment/lnfonmation attached hereto.

l am aware that the information supplied on this statement will be relied upon by the Judges of this Court insetting their calendars and scheduling criminal trials under the mandate of the Speedy Tlial Act, Title 28 U.S.C.Section 3161.

Interpreter: (Yes or No)List language and/or dialect

This case will take: 0 for the parties to try.

Please check appropriate category and type of offense listed below:

4.

(Check only one)I 0 to 5 days

11 6 to 10 daysIll 1 1 to 20 days

IV 2 1 to 60 daysV 6 1 days and over

6. Has this case been previously filed in this District Court? (Yes or No) Nolf yes:Judge: Case No.

(Attach copy of dispositive order)Has a complaint been filed in this matter? (Yes or No) NoIf yes:M agistrate Case No.Related M iscellaneous numbers: 16-60135-CR-BB

Defendantts) in federal custody as ofDefendantts) in statecustody as ofRule 20 from the District of

Is this a potential death penalty case? (Yes or No) No x

(Check only one)PettyM inor

M isdem.Felony x

Does this case originate from a matter pending in the Northenz Region of the U.S. Attorney's Office prior toOctober 14, 2003? Yes X No

Does this case originate from a matter pending in the Central Region of the U.S. Attorney's Oftice prior toSeptember 1, 2007? Yes o

o suZ'-

THOM AS P. LANIGANASSISTANT UNITED STATES ATTORNCourt ID No. A5500033

*penalty Sheetts) attached REV 4/8/08

8.


UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLO RIDA

PENALTY SHEET

Defendant's Nam e: DALE SCOTT W O OD

Count #: 1

Conspiracy to Commit W ire Fraud

Title 18. United States Code. Section 1349

* M ax. Penalty: Twenty (20) yearsN imprisonment; Five (5) yearsh supervised release', $ 100 specialassessment; Fine of up to $250,000.

Count #:

* M ax. Penalty:

*Refers nnly tô pcssible term ef incarceratien. does n0t include pessible fines. restituticn. special assessments,parele terms nr fcrfeitures that zay be applicahle.


AO 455 (Rev. 01/09) Waiver of an Indictment

U NITED STATES D ISTRICT COURTfor the

Southern District of Florida

United States of America

V.

Dale Scott W ood,

Case No.

W AIVER OF AN INDICTM ENT

1 understand that 1 have been accused of one or more offenses punishable by imprisonment for more than oneyear. l was advised in open court of my rights and the nature of the proposed charges against me.

Aher receiving this advice, 1 waive my right to prosecution by indictment and consent to prosecution byinformation.

Ilate:

Signature ofdefendant 's attorney

Judge 's printed name and title


18-60202-cr-dimitrouleas/snow · ftl l do hereby certify that: key west-dr- wpb ftp i have...

Documents