1129 verdicts

VERDICT FORM June 3, 2014

USA v. NICODEMO S. SCARFO, SALVATORE PELULLO, WILLIAMS MAXWELL, JOHN MAXWELL, DAVID ADLER, GARY McCARTHY, and DONALD MANNO (11-

740)

COUNT ONE (RICO Conspiracy)

With respect to Count One, which charges Defendant Nicodemo S. Scarfo, Defendant Salvatore Pelullo, Defendant William Maxwell, Defendant John Maxwell, Defendant David Adler,

Defendant Gary McCarthy, and Defendant Donald Manno with a Racketeer Influenced and Corrupt Organizations Act (RICO) conspiracy-specifically being members and associates of a criminal organization engaged in specified crimes from in or about April 2007 through in or about November 2011, we, the unanimous jury find:

Defendant Nicodemo S. Scarfo

/Guilty __ Not Guilty

Defendant Salvatore Pelullo


Defendant William Maxwell

~uilty __ Not Guilty

Defendant John Maxwell


Case 1:11-cr-00740-RBK Document 1129 Filed 07/03/14 of 12 PageID: 40230

Defendant David Adler

~ NotGuilty

Defendant Gary McCarthy

~Not Guilty

De7ant Donald Manno

__ Not Guilty

JURY INTERROGATORIES, COUNT ONE:

__ Guilty

__ Guilty

__ Guilty

If you find all of the defendants not guilty of conspiracy to conduct or to participate in the conduct of the affairs of an enterprise through a pattern of racketeering activity, as charged in Count One, do not answer these jury interrogatories, and go to Count Two, on Page 9. For any defendant you find guilty of the charges in Count One, please answer the following jury interrogatories before proceeding to the next count:

Nicodemo S. Scarfo Do you unanimously find that the government proved beyond a reasonable doubt that Nicodemo S. Scarfo agreed to the commission of the following acts of racketeering activity, as alleged in Count One?

Mail Fraud

/Yes

Wire yraud

/Yes

Bank Fraud

No

No

2


Obstruction of Justice

/Yes

Extortion

/Yes

No

No

No

Interstate Travel in Aid of Racketeering

/Yes No

M7 Laundering

Yes No

Frauvn the Sale of Securities

../ Yes No

Salvatore Pelullo Do you unanimously find that the government proved beyond a reasonable doubt that Salvatore Pelullo agreed to the commission of the following acts of racketeering activity, as alleged in

Count One?

No

Wire Fraud

3


Bank Fraud

/Yes

Ob7ction of Justice

Yes

Extortion

/Yes

No

No

No

No


/Yes No

MoneY, Laundering

/Yes No

Fr/in the Sale of Securities

Yes No

William Maxwell Do you unanimously find that the government proved beyond a reasonable doubt that William

Maxwell agreed to the commission of the following acts ofracketeering activity, as alleged in

Count One?

Mail Fraud

4


Wire Fraud

/Yes


/Yes

No

No

No

No


j Yes No

M7 Laundering

Yes No

Fraud in the Sale of Securities

/Yes No

John Maxwell Do you unanimously find that the government proved beyond a reasonable doubt that John

Maxwell agreed to the commission of the following acts of racketeering activity, as alleged in

Count One?

Mail Fraud

5


Wire Fraud

JYes

No

No

No


/Yes No

M7 Laundering

Yes No


j Yes No

David Adler Do you unanimously find that the government proved beyond a reasonable doubt that David Adler agreed to the commission of the following acts of racketeering activity, as alleged in Count

One?

Mail Fraud

Yes No

Wire Fraud

6


Yes No


Yes No

Garv McCarthy Do you unanimously find that the government proved beyond a reasonable doubt that Gary McCarthy agreed to the commission of the following acts of racketeering activity, as alleged in

Count One?

Mail Fraud

Yes No

Wire Fraud

Yes No

Money Laundering

Yes No


Yes No

Donald Manno Do you unanimously find that the government proved beyond a reasonable doubt that Donald

Manno agreed to the commission of the following acts of racketeering activity, as alleged in

Count One?

Mail Fraud

7


Yes No

Bank Fraud

Yes No


Yes No

Money Laundering

Yes No

COUNT TWO (Securities Fraud Conspiracy)

With respect to Count Two, which charges Defendant Nicodemo S. Scarfo, Defendant Salvatore Pelullo, Defendant William Maxwell, Defendant John Maxwell, Defendant David Adler, and Defendant Gary McCarthy with conspiracy to commit securities fraud-specifically conspiring to commit fraud in connection with the purchase and sale of securities issued by FirstPlus Financial Group ("FPFG"), to falsify books, records, and accounts of FPFG, to make false statements and material omissions to the auditor for FPFG in connection with the audit and examination of FPFG's financial statements, and to make false and misleading statements and omissions of material fact in reports and documents required to be filed under the Securities and Exchange Act of 1934 and the rules and regulations thereunder, we, the unanimous jury find:


__ Not Guilty


__ Not Guilty

8



__ Not Guilty


__ Not Guilty

Dejfendant David Adler

__ Not Guilty

Defe~ant Gary McCarthy

_../_~Not Guilty r-

COUNT THREE (Wire Fraud Conspiracy)

I Guilty

/Guilty

__ Guilty

__ Guilty

With respect to Count Three, which charges Defendant Nicodemo S. Scarfo, Defendant Salvatore Pelullo, Defendant William Maxwell, Defendant John Maxwell, Defendant David Adler, and Defendant Gary McCarthy with conspiracy to commit wire fraud from in or about

April 2007 through in or about May 2008-specifically conspiring to devise a scheme and artifice to defraud and to obtain money and property by means of materially false and fraudulent pretenses, representations, and promises, and to transmit and cause to be transmitted by means of wire communications in interstate and foreign commerce, certain writings, signs, signals, and

sounds, we, the unanimous jury find:



9



__ Not Guilty


__ Not Guilty


__ Not Guilty


/Not Guilty


/ NotGuilty

COUNT FOUR (Wire Fraud)

~uilty

/Guilty

/Guilty

__ Guilty

__ Guilty

With respect to Count Four, which charges Defendant Nicodemo S. Scarfo, Defendant Salvatore Pelullo, Defendant William Maxwell, Defendant John Maxwell, and Defendant Gary McCarthy

with wire fraud on July 5, 2007, in connection with the transmission of $33,000.00 from a source

account in the name of Seven Hills to a beneficiary account in the name of Learned Associates,

we, the unanimous jury find:


10


__ Not Guilty


__ Not Guilty


__ Not Guilty


__ Not Guilty


j Not Guilty

COUNT FIVE (Wire Fraud)

_{Guilty

/Guilty

/Guilty

I Guilty

__ Guilty

With respect to Count Five, which charges Defendant Nicodemo S. Scarfo, Defendant Salvatore

Pelullo, Defendant William Maxwell, Defendant John Maxwell, and Defendant Gary McCarthy with wire fraud on August 2, 2007, in connection with the transmission of $33,000.00 from a source account in the name of Seven Hills to a beneficiary account in the name of Learned Associates, we, the unanimous jury find:


_LGuilty __ Not Guilty


11


__ Not Guilty


__ Not Guilty


__ Not Guilty


/Not Guilty

COUNT Six (Wire Fraud)

/Guilty

/Guilty

/Guilty

__ Guilty

With respect to Count Six, which charges Defendant Nicodemo S. Scarfo, Defendant Salvatore Pelullo, Defendant William Maxwell, Defendant John Maxwell, and Defendant Gary McCarthy with wire fraud on August 31, 2007, in connection with the transmission of $33,500.00 from a source account in the name of Seven Hills to a beneficiary account in the name of Learned Associates, we, the unanimous jury find:


__ Not Guilty


j Guilty __ Not Guilty

12



__ Not Guilty


__ Not Guilty

D'dant Gary McCarthy

__ Not Guilty

COUNT SEVEN (Wire Fraud)

/Guilty

I Guilty

__ Guilty

With respect to Count Seven, which charges Defendant Nicodemo S. Scarfo, Defendant Salvatore Pelullo, Defendant William Maxwell, Defendant John Maxwell, and Defendant Gary McCarthy with wire fraud on October 9, 2007, in connection with the transmission of $36,202.29 from a source account in the name of Seven Hills to a beneficiary account in the name of Learned Associates, we, the unanimous jury find:


I Guilty __ Not Guilty





13

Case 1:11-cr-00740-RBK Document 1129-1 Filed 07/03/14 Page 1 of 19 PageID: 40242


__ Not Guilty


_/_ 1 Not Guilty

COUNT EIGHT (Wire Fraud)

J Guilty

__ Guilty

With respect to Count Eight, which charges Defendant Nicodemo S. Scarfo, Defendant Salvatore Pelullo, Defendant William Maxwell, Defendant John Maxwell, Defendant David Adler, and Defendant Gary McCarthy with wire fraud on November 5, 2007, in connection with the transmission of $40,863.91 from a source account in the name of Seven Hills to a beneficiary account in the name of Learned Associates, we, the unanimous jury find:




j Guilty __ Not Guilty





14



j Not Guilty

DeferJiant Gary McCarthy

_./_ 1 Not Guilty

COUNT NINE (Wire Fraud)

__ Guilty

__ Guilty

With respect to Count Nine, which charges Defendant Nicodemo S. Scarfo, Defendant Salvatore Pelullo, Defendant William Maxwell, Defendant John Maxwell, Defendant David Adler, and

Defendant Gary McCarthy with wire fraud on December 6, 2007, in connection with the transmission of $33,000.00 from a source account in the name of Seven Hills to a beneficiary account in the name of Learned Associates, we, the unanimous jury find:




../Guilty __ Not Guilty


_{Guilty __ Not Guilty

15



__ Not Guilty

De7ant David Adler

__ Not Guilty

De7ant Gary McCarthy

__ Not Guilty

COUNT TEN (Wire Fraud)

;:uilty

__ Guilty

__ Guilty

With respect to Count Ten, which charges Defendant Nicodemo S. Scarfo, Defendant Salvatore Pelullo, Defendant William Maxwell, Defendant John Maxwell, Defendant David Adler, and

Defendant Gary McCarthy with wire fraud on January 4, 2008, in connection with the transmission of $5,222.87 from a source account in the name of Seven Hills to a beneficiary account in the name of Learned Associates, we, the unanimous jury find:






16


__ Not Guilty


__ Not Guilty


./Not Guilty

De/Cendant Gary McCarthy

__ Not Guilty

COUNT ELEVEN (Wire Fraud)

vi" Guilty

_{Guilty

__ Guilty

__ Guilty

With respect to Count Eleven, which charges Defendant Nicodemo S. Scarfo, Defendant Salvatore Pelullo, Defendant William Maxwell, Defendant John Maxwell, Defendant David Adler, and Defendant Gary McCarthy with wire fraud on February 4, 2008, in connection with the transmission of $33,000.00 from a source account in the name of Seven Hills to a beneficiary account in the name of Learned Associates, we, the unanimous jury find:





17



__ Not Guilty


__ Not Guilty

Del.ant David Adler

__ Not Guilty


_/_ 1 Not Guilty

COUNT TWELVE (Wire Fraud)

/Guilty

_!Guilty

__ Guilty

__ Guilty

With respect to Count Twelve, which charges Defendant Nicodemo S. Scarfo, Defendant Salvatore Pelullo, Defendant William Maxwell, Defendant John Maxwell, Defendant David Adler, and Defendant Gary McCarthy with wire fraud on February 4, 2008, in connection with the transmission of $6, 127. 76 from a source account in the name of Seven Hills to a beneficiary

account in the name of Learned Associates, we, the unanimous jury find:




;:uilty __ Not Guilty

18



__ Not Guilty


__ Not Guilty

Defe~ant David Adler

_./_ 1 Not Guilty

D7ant Gary McCarthy

__ Not Guilty

COUNT THIRTEEN (Wire Fraud)

_LGuilty

/Guilty

__ Guilty

__ Guilty

With respect to Count Thirteen, which charges Defendant Nicodemo S. Scarfo, Defendant Salvatore Pelullo, Defendant William Maxwell, Defendant John Maxwell, Defendant David Adler, and Defendant Gary McCarthy with wire fraud on March 3, 2008, in connection with the transmission of $33,000.00 from a source account in the name of Seven Hills to a beneficiary account in the name of Learned Associates, we, the unanimous jury find:



19



__ Not Guilty


__ Not Guilty


__ Not Guilty

Defe,dant David Adler

_>,!_Not Guilty


__ Not Guilty

COUNT FOURTEEN (Wire Fraud)

/Guilty

/Guilty

/Guilty

__ Guilty

__ Guilty

With respect to Count Fourteen, which charges Defendant Nicodemo S. Scarfo, Defendant

Salvatore Pelullo, Defendant William Maxwell, Defendant John Maxwell, Defendant David

Adler, and Defendant Gary McCarthy with wire fraud on March 3, 2008, in connection with the transmission of $4,593.26 from a source account in the name of Seven Hills to a beneficiary



20


__ Not Guilty


__ Not Guilty


__ Not Guilty


__ Not Guilty


/Not Guilty

Defe,dant Gary McCarthy

_v'_ Not Guilty

COUNT FIFTEEN (Wire Fraud)

I Guilty

j Guilty

lcuilty

_{Guilty

__ Guilty

__ Guilty

With respect to Count Fifteen, which charges Defendant Nicodemo S. Scarfo, Defendant Salvatore Pelullo, Defendant William Maxwell, Defendant John Maxwell, and Defendant Gary

McCarthy with wire fraud on April 2, 2008, in connection with the transmission of $33,000.00

from a source account in the name of Seven Hills to a beneficiary account in the name of

Learned Associates, we, the unanimous jury find:

21



__ Not Guilty


__ Not Guilty


__ Not Guilty


__ Not Guilty


/ NotGuilty

COUNT SIXTEEN (Wire Fraud)

/Guilty

/Guilty

I Guilty

__ Guilty

With respect to Count Sixteen, which charges Defendant Nicodemo S. Scarfo, Defendant Salvatore Pelullo, Defendant William Maxwell, Defendant John Maxwell, and Defendant Gary McCarthy with wire fraud on April 2, 2008, in connection with the transmission of $3,982. 71 from a source account in the name of Seven Hills to a beneficiary account in the name of

Learned Associates, we, the unanimous jury find:



22



__ Not Guilty


__ Not Guilty


__ Not Guilty

De/,ant Gary McCarthy

__ Not Guilty

COUNT SEVENTEEN (Wire Fraud)

/Guilty

/Guilty

/Guilty

__ Guilty

With respect to Count Seventeen, which charges Defendant Nicodemo S. Scarfo, Defendant

Salvatore Pelullo, Defendant William Maxwell, Defendant John Maxwell, Defendant David Adler, and Defendant Gary McCarthy with wire fraud on June 21, 2007, in connection with the transmission of$112,500.00 from a source account in the name of Rutgers LLC to a beneficiary account in the name of Learned Associates, we, the unanimous jury find:



23



__ Not Guilty


__ Not Guilty


__ Not Guilty

De,ant David Adler

__ Not Guilty


__ Not Guilty

COUNT EIGHTEEN (Wire Fraud)

/Guilty

/Guilty

(Guilty

__ Guilty

__ Guilty

With respect to Count Eighteen, which charges Defendant Nicodemo S. Scarfo, Defendant

Salvatore Pelullo, Defendant William Maxwelf, Defendant John Maxwell, Defendant David Adler, and Defendant Gary McCarthy with wire fraud on June 22, 2007, in connection with the transmission of $50,000.00 from a source account in the name of Globalnet to a beneficiary account in the name of Learned Associates, we, the unanimous jury find:



24



__ Not Guilty


__ Not Guilty


__ Not Guilty


/ NotGuilty

De7,ant Gary McCarthy

__ Not Guilty

COUNT NINETEEN (Wire Fraud)

/Guilty

('Guilty

__ Guilty

__ Guilty

With respect to Count Nineteen, which charges Defendant Nicodemo S. Scarfo, Defendant Salvatore Pelullo, Defendant William Maxwell, Defendant John Maxwell, Defendant David Adler, and Defendant Gary McCarthy with wire fraud on July 6, 2007, in connection with the transmission of $436,369.13 from a source account in the name of Globalnet to a beneficiary



25


__ Not Guilty


__ Not Guilty


__ Not Guilty


__ Not Guilty

DefeIJlant David Adler

_./_~Not Guilty

De,ant Gary McCarthy

__ Not Guilty

_!_Guilty

/Guilty

/Guilty

__ Guilty

__ Guilty

COUNT TWENTY (Conspiracy to Commit Money Laundering)

With respect to Count Twenty, which charges Defendant Nicodemo S. Scarfo, Defendant

Salvatore Pelullo, Defendant William Maxwell, Defendant John Maxwell, Defendant Gary

McCarthy, and Defendant Donald Manno with conspiracy to commit money laundering, from in

or about April 2007 through in or about May 2008, we, the unanimous jury find:


26


__ Not Guilty


__ Not Guilty


__ Not Guilty


__ Not Guilty


/ NotGuilty

Defe~ant Donald Manno

_./_~Not Guilty

/Guilty

/Guilty

I Guilty

I Guilty

__ Guilty

__ Guilty

COUNT TWENTY-ONE (Conspiracy to Commit Bank Fraud)

With respect to Count Twenty-One, which charges Defendant Nicodemo S. Scarfo, Defendant

Salvatore Pelullo, and Defendant Donald Manno with conspiracy to commit bank fraud

specifically to help Nicodemo Scarfo and Lisa Murray-Scarfo obtain a mortgage through false

statements and fraudulent submissions to financial institutions-from in or about December

2007 through in or about March 2008, we, the unanimous jury find:

27



__ Not Guilty


__ Not Guilty


_t/_ ~Not Guilty

vi' Guilty

/Guilty

__ Guilty

COUNT TWENTY-TWO (Conspiracy to Make False Statements in Connection with a Loan Application)

With respect to Count Twenty-Two, which charges Defendant Nicodemo S. Scarfo, Defendant Salvatore Pelullo, and Defendant Donald Manno with conspiracy to make false statements in connection with a loan application-specifically to obtain a mortgage through false statements and fraudulent submissions to financial institutions-from in or about January 2008 through in or about March 2008, we, the unanimous jury find:




__ Not Guilty ./Guilty

28



_J_ 1 Not Guilty __ Guilty

COUNT TWENTY-THREE (Conspiracy to Obstruct Justice)

With respect to Count Twenty-Three, which charges Defendant Nicodemo S. Scarfo, Defendant Salvatore Pelullo, Defendant William Maxwell, and Defendant Donald Manno with conspiracy to obstruct justice, from in or about June 2007 through in or about April 2008, we, the unanimous jury find:


__ Not Guilty


__ Not Guilty


__ Not Guilty


_./_ 1 Not Guilty

l':uilty

/Guilty

/Guilty

__ Guilty

COUNT TWENTY-FOUR (Conspiracy to Sell or Transfer Firearm and Ammunition to a Prohibited Person, or Possess a Firearm by a Convicted Felon)

With respect to Count Twenty-Four, which charges Defendant Nicodemo S. Scarfo, Defendant

Salvatore Pelullo, Defendant William Maxwell, and Defendant John Maxwell with conspiracy to

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sell or transfer a firearm and ammunition to a prohibited person, or to possess a firearm by a convicted felon, from in or about September 2007 through in or about May 2008, we, the unanimous jury find:




__ Not Guilty /Guilty





COUNT TWENTY-FIVE (Felon in Possession of a Firearm)

With respect to Count Twenty-Five, which charges Defendant Nicodemo S. Scarfo with being a felon in possession of a firearm, on or about May 8, 2008, we, the unanimous jury find:


__ Not Guilty

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~ ,3, ~Of.f-ate

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