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Date: 02-10-2020

Case Style:

United States of America v. Sean P. Finn

Case Number: 2:13-cr-00439-KJD-VCF

Judge: Kent J. Dawson

Court: United States District Court for the District of Nevada (Clark Coutny)

Plaintiff's Attorney: Anna Kaminska, Brian R Young, Melissa Aoyagi, William Henry Bowne , III, Blake Goebel, Daniel G. Bogden, Daniel D. Hollingsworth, Mark E. Woolf, Raman Mythili

Defendant's Attorney:


Call 918-582-6422 for free help finding a criminal defense lawyer in Las Vegas for a wire fraud or securities fraud charge.


Description: Las Vegas, NV - The United States of America charged Sean P. Finn conspiracy to commit wire fraud and securities fraud, four counts of wire fraud and four counts of securities fraud.

A federal jury found a Montana man guilty for his role as a broker for a Swiss company involved in a multimillion-dollar international fraud scheme.

Following a five-day trial, Sean Finn, 51, of Whitefish, Montana, was found guilty of one count of conspiracy to commit wire fraud and securities fraud, four counts of wire fraud and four counts of securities fraud. He was acquitted of one count of wire fraud. Sentencing has been scheduled for May 12, 2020, before U.S. District Judge Kent J. Dawson of the District of Nevada, who presided over the trial.

According to the evidence presented at trial, Finn conspired with others in the United States and Switzerland to promote investments and loan instruments that he knew to be fictitious. Finn and his co-conspirators told victims that, for an up-front payment ranging from $100,000 to $1 million, a Swiss company known as Malom Group AG (Malom), whose name stood for “Make A Lot Of Money,” would provide access to lucrative investment opportunities and substantial cash loans. The evidence showed that to effectuate this scheme, the defendant and his co-conspirators provided victims with fabricated bank documents purporting to show that Malom held hundreds of millions of dollars in overseas bank accounts, as well as documents falsely stating that Malom had previously closed similar deals. The evidence showed that when victims wired their money into an escrow account controlled by the co-conspirators, the money was released and disbursed to, among others, Finn for his own personal use. The evidence further showed that shortly before he was indicted in 2013, Finn fled to Canada, where he was arrested in 2014 and ultimately extradited back to the United States in 2018. According to the evidence presented at trial, losses to the victims from the scheme totaled approximately $4 million.

Finn was charged together with five other defendants. Two of these defendants, Anthony Brandel and James Warras, were found guilty of conspiracy and multiple counts of wire fraud and securities fraud following a jury trial in 2015. Brandel and Warras were each sentenced to 87 months in prison, followed by three years of supervised release, on Aug. 3, 2016. A third defendant, Joseph Micelli, pleaded guilty to conspiracy to commit wire fraud and securities fraud in 2015 and was sentenced to 60 months in prison, followed by three years of supervised release, on Feb. 23, 2016. The other two defendants, Martin Schlaepfer and Hans-Jurg Lips, remain at large outside the United States. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The FBI’s Las Vegas Field Office investigated the case. Assistant Deputy Chief Anna G. Kaminska and Trial Attorney Blake C. Goebel of the Criminal Division’s Fraud Section prosecuted the case with assistance from the Criminal Division’s Office of International Affairs and the U.S. Attorney’s Office for the District of Nevada. Deputy Chief Brian Young of the Fraud Section previously handled the prosecution. The Securities and Exchange Commission’s Enforcement Division, which conducted a parallel civil-enforcement investigation, as well as the Royal Canadian Mounted Police, also provided valuable assistance.

The Criminal Division’s Fraud Section plays a pivotal role in the Department of Justice’s fight against white-collar crime around the country.


Charges:


18:1371 and 2 - Conspiracy to Commit Wire Fraud and Securities Fraud and Aiding and Abetting
(1)
18:1343 and 2 - Wire Fraud and Aiding and Abetting
(2-5)
18:1343 and 2 - Wire Fraud and Aiding and Abetting
(6-9)
18:1343 and 2 - Wire Fraud and Aiding and Abetting
(11-13)
15:78j(b),78ff, 18:2, 17:240.10b-5
(14-17)
15:78j(b),78ff, 18:2, 17:240.10b-5
(18)
15:78j(b),78ff, 18:2, 17:240.10b-5
(19)
15:78j(b),78ff, 18:2, 17:240.10b-5
(20)
15:78j(b),78ff, 18:2, 17:240.10b-5
(21)
15:78j(b),78ff, 18:2, 17:240.10b-5
(22)
15:78j(b),78ff, 18:2, 17:240.10b-5
(23-24)

Outcome: 02/04/2020 560 TRANSCRIPT of Proceedings, 559 Jury Trial Day 5 as to Sean P. Finn held on 02/03/2020 before Judge Kent J. Dawson. Court Reporter: Shayna Montgomery, SM@nvd.uscourts.gov. Any Redaction Request is due by 2/25/2020. Redacted Transcript Deadline is set for 3/6/2020. Release of the Transcript Restriction is set for 5/4/2020. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. The Transcript Order form is available on the court website. After that date, it may be obtained through the court reporter or PACER. (SM) (Entered: 02/04/2020)
02/04/2020 561 JURY INSTRUCTIONS as to Sean P. Finn (ADR) (Entered: 02/04/2020)
02/04/2020 562 MINUTES OF PROCEEDINGS - Jury Trial as to Sean P. Finn held on 2/4/2020 before Judge Kent J. Dawson. Crtrm Administrator: T. Renfro; AUSA: Anna Kaminska, Blake Goebel; Def Counsel: Dustin Marcello, Kendall Stone; Court Reporter/Recorder: Shayna Montgomery; Time of Hearing: 9:04 a.m. - 11:26 a.m.; Courtroom: 4A;

Day 6 of the trial. Defendant is present. Sean P. Finn (4) Found GUILTY on Count 1,6, 7, 8, 9, 18, 20, 21, and 22 and NOT GUILTY on Count 10. Defendant is remanded to custody. Deadline to return exhibits set for 2/4/2022.

Sentencing and disposition set for 5/12/2020 at 09:00 AM in LV Courtroom 4A before Judge Kent J. Dawson.

(Copies have been distributed pursuant to the NEF - TR) (Entered: 02/04/2020)
02/04/2020 563 TRANSCRIPT of Proceedings, 562 Jury Trial Day 6 as to Sean P. Finn held on 02/04/2020 before Judge Kent J. Dawson. Court Reporter: Shayna Montgomery, SM@nvd.uscourts.gov. Any Redaction Request is due by 2/25/2020. Redacted Transcript Deadline is set for 3/6/2020. Release of the Transcript Restriction is set for 5/4/2020. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. The Transcript Order form is available on the court website. After that date, it may be obtained through the court reporter or PACER. (SM) (Entered: 02/04/2020)
02/04/2020 564 EXHIBIT LIST by USA as to Sean P. Finn. (MR) (Entered: 02/04/2020)
02/04/2020 565 EXHIBIT LIST by Sean P. Finn (MR) (Entered: 02/04/2020)
02/04/2020 566 JURY VERDICT: Guilty on Count 1, 6-9, 18, 20, 21, 22; Not Guilty on Count 10 as to Sean P. Finn (4). (MR) (Entered: 02/04/2020)

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Defendant's Experts:

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