United States of America v. Douglas William Vance

Lexington, Kentucky criminal law lawyer represented Defendant charged with criminal law lawyer represented Defendant charged with Conspiracy to commit wire fraud in violation of 18 U.S.C. §1349, which provides:



Any person who attempts or conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.



Defendant was also accused of money laundering in violation of 18 U.S.C. 1956(h), which provides:



(h) Any person who conspires to commit any offense defined in this section or section 1957 shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.



Following a six-day trial, the jury convicted 53-year-old Douglas William Vance of Richlands, Virginia, and 59-year-old Molly Irene McKinnon of Acworth, Georgia, of four counts of wire fraud, one count of conspiracy to commit wire fraud, and one count of money laundering.



According to evidence at trial, from August 2016 through December 2018, Vance and McKinnon used falsified bank statements, financial reports, purchase orders, sales and production figures, and other fabrications, to convince different investors that each owned a controlling stake in a company called "Nex-Gen.” The company purported to produce "calcined coal” and other carbon-based products, in Chavies, Kentucky. The false and fabricated documents also convinced two companies to lend money to Nex-Gen, and it concealed the fact that Vance and McKinnon were misappropriating both investor and lender funds. The evidence presented at trial established that Vance and McKinnon worked together to defraud multiple investors and lenders out of more than $2 million.



Vance and McKinnon were indicted in June 2020.



Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office, jointly announced the jury's verdict.



The investigation was conducted by the FBI. The United States was represented in the case by Assistant U.S. Attorneys Gregory Rosenburg and James Chapman.



Vance and McKinnon will appear for sentencing on February 3, 2023. They face a maximum of 20 years in prison for each of the counts of conviction, plus any applicable restitution. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing a sentence.

10/13/2022 129 ORDER as to Douglas William Vance, Molly Irene McKinnon: It is ORDERED that the jury shall be SEQUESTERED during its daily lunch break during deliberations in this matter, beginning on 10/13/2022 and continuing until deliberations are completed. The jury shall be kept together and will not separate while sequestered under this Order. The Clerk of the Court is DIRECTED to expend funds pursuant to 28 U.S.C. § 1871(e) to provide for juror lunches and subsequent meals until the conclusion of this matter and subject to intervening orders. Signed by Judge Danny C. Reeves on 10/13/2022. (KM)cc: COR,JC (Entered: 10/13/2022)

10/13/2022 130 MINUTE ENTRY for Jury Trial - Day 7 as to Douglas William Vance, Molly Irene McKinnon held on 10/13/2022 before Judge Danny C. Reeves: Jeffrey Darling appeared as Appointed CJA counsel of record for Dft Vance. Brandi Lewis appeared as Appointed CJA counsel of record for Dft McKinnon. The clerk is directed to file the juror notes and a redacted version of the jury verdict in the record. The original verdict form containing the foreperson's name shall be filed in the record UNDER SEAL. The release orders dated July 21, 2020, are REVOKED pursuant to 18 U.S.C. § 3143. Dft Vance guilty to Counts 1-5 & 7. Dft McKinnon guilty to Counts 1-4 & 6-7. Case Continued to 2/3/2023 at 1:00 p.m. for Sentencing for Dft Vance. Case Continued to 2/3/2023 at 2:00 p.m. for Sentencing for Dft McKinnnon. Court orders PSR w/ copies to counsel. Dft remanded to custody. (Court Reporter Linda Mullen.) (KM)cc: COR,USM,USP,D,JC (Entered: 10/13/2022)

10/13/2022 Set/Reset Hearings as to Douglas William Vance: SENTENCING set for 2/3/2023 at 01:00 PM in LEXINGTON before Judge Danny C. Reeves. (KM) (Entered: 10/13/2022)

10/13/2022 131 Jury Instructions as to Douglas William Vance, Molly Irene McKinnon (KM) (Entered: 10/13/2022)

10/13/2022 132 Jury Notes as to Douglas William Vance, Molly Irene McKinnon (KM) (Additional attachment(s) added on 10/14/2022: # 1 Jury Notes) (MDC). (Entered: 10/13/2022)

10/13/2022 133 JURY VERDICT as to Douglas William Vance (1) Guilty on Count 1-5, 7 and Molly Irene McKinnon (2) Guilty on Count 1-4, 6-7. (KM) (Additional attachment(s) added on 10/13/2022: # 1 Unredacted Jury Verdict) (KM). (Entered: 10/13/2022)

10/13/2022 134 SENTENCING ORDER as to Douglas William Vance. Signed by Judge Danny C. Reeves on 10/13/2022. (KM)cc: COR,USM,USP (Entered: 10/13/2022)

10/13/2022 136 WITNESS & EXHIBIT LIST by Douglas William Vance, Molly Irene McKinnon. (MDC) (Entered: 10/14/2022)