Date: 01-07-2020

Case Style:

Case Number: 2:19-cr-20241-SHL

Judge: Sheryl H. Lipman

Court: United States District Court for the Western District of Tennessee (Shelby County)

Plaintiff's Attorney: Carroll L. Andre, III

Defendant's Attorney:

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Description: Memphis, TN - The United States of America charged Robert A. Whartenby with bank fraud.

A former loan officer at Trustmark Bank was sentenced to serve 18 months in federal prison in connection with a fraudulent loan scheme.

Robert A. Whartenby, age 58 of Memphis, pleaded guilty in September to a one-count criminal information which charged him with bank fraud. According to the information, Whartenby, a former loan officer at Trustmark’s main Memphis office, defrauded Trustmark of almost $400,000 between May 2017 and June 2018. Whartenby submitted false paperwork in support of loans to Memphis Designs Group, LLC and Windridge Investments, fictitious companies he had created. The loan proceeds were then disbursed to accounts at Bank of America, which Whartenby had opened in the names of the fictitious entities.

U.S. District Court Judge Sheryl H. Lipman sentenced Whartenby to 18 months in federal prison. He was also ordered to pay restitution in the amount of $351,927.04 and to serve a period of two years supervision under the United States Probation Office following his release from custody.

U.S. Attorney D. Michael Dunavant said, "The financial fraud committed by this defendant is disturbing. The abuse of his position of trust and authority as a bank loan officer for his own personal gain had a significant negative impact on the shareholders, employees and customers of Trustmark Bank. The U.S. Attorney’s Office places a high priority on protecting the security and integrity of transactions, deposits and assets of financial institutions, and this case demonstrates that commitment."

This case was investigated by the Federal Bureau of Investigation.

Charge:

Bank fraud in violation of 18 U.S.C. 1344.

Outcome: Defendant sentenced 18 MONTHS incarceration as to count 1 of the information to be followed by 2 YEARS Supervised Release. Standard/Mandatory conditions of supervised release. Additional condition: full financial disclosure; prohibited from opening additional lines of credit; third party risk notification; mental health testing and treatment; and DNA collection. Restitution Ordered in the amount of $351,927.04. Special assessment: $100.00. The Court recommends to the BOP: incarceration as close to Memphis, TN as possible to be near family. Defendant not to be designated prior to January 6, 2020. Court advised defendant of appeal rights/Appeal packet handed to defendant.

12/23/2019 28 SEALED JUDGMENT as to Robert A Whartenby: Defendant sentenced 18 MONTHS incarceration as to count 1 of the information to be followed by 2 YEARS Supervised Release. Standard/Mandatory conditions of supervised release. Additional condition: full financial disclosure; prohibited from opening additional lines of credit; third party risk notification; mental health testing and treatment; and DNA collection. Restitution Ordered in the amount of $351,927.04. Special assessment: $100.00. The Court recommends to the BOP: incarceration as close to Memphis, TN as possible to be near family. Defendant not to be designated prior to January 6, 2020. Court advised defendant of appeal rights/Appeal packet handed to defendant. Signed by Judge Sheryl H. Lipman on 12/20/2019. (Lipman, Sheryl) (Entered: 12/23/2019)
12/23/2019 29 REDACTED JUDGMENT as to Robert A Whartenby: Defendant sentenced 18 MONTHS incarceration as to count 1 of the information to be followed by 2 YEARS Supervised Release. Standard/Mandatory conditions of supervised release. Additional condition: full financial disclosure; prohibited from opening additional lines of credit; third party risk notification; mental health testing and treatment; and DNA collection. Restitution Ordered in the amount of $351,927.04. Special assessment: $100.00. The Court recommends to the BOP: incarceration as close to Memphis, TN as possible to be near family. Defendant not to be designated prior to January 6, 2020. Court advised defendant of appeal rights/Appeal packet handed to defendant. Signed by Judge Sheryl H. Lipman on 12/20/2019. (Lipman, Sheryl) (Entered: 12/23/2019)

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Defendant's Experts:

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