"3 Hebrew Boys"
In Columbia, South Carolina, 3 defendants were freed on bond after being indicted on mail fraud charges. The 3 defendants (Tony Pough, Tim McQueen, and Joseph Brunson) are each charged with one count of conspiracy to commit mail fraud. The defendants allegedly were presenting an investment plan called "3 Hebrew Boys." The United States Attorney Office in Columbia has stated that the total loss is around $80 million with over 7000 victims. This is the major problem with a mail fraud indictment. The government is most likely over exaggerating the actual loss that may have occurred in this case. The mail fraud count is charged under the conspiracy doctrine. This is a concept that most Americans and Europeans do not understand because it would seem to go against the traditions of our countries.
Under the conspiracy indictment, any company or person that participates or furthers the interest of a crime is guilty of conspiracy to commit the crime. In practical terms, this means that even if you do not know what your are helping someone do or loaning money for, you could be charged as a coconspirator by the federal government. I have defended many clients for mail fraud and each time the amount of loss given by the government is never correct. The amount is always higher than my client was responsible for in the case. The reason that the numbers are always increased is because it increases the amount of exposure to prison time and the amount of asset forfeitures that may occur. One of the best ways to defend a mail fraud indictment is to contest the amount of loss attributable to a client. In this Columbia indictment, there is no way each of these defendants is responsible for this $80 million. The other avenue to pursue in defending this case is the Legally Compelled Mailing Doctrine. This doctrine is a defense to mail fraud.
Lastly, if there was an actual loss of $80 million, there will be superseding indictment filed against these defendants for other charges. These charges will include wire fraud, bank fraud, money laundering and possible tax fraud.
Our South Carolina criminal defense attorneys are experienced in all fraud defenses. We have criminal defense attorneys in Charleston. We also have criminal defense lawyers in myrtle beach and criminal defense lawyers in Miami. We also have federal criminal defense attorneys in Columbia.
