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In the following press release from San Francisco, To view links in this forum your post count must be 10 or greater. Your post count is 0 momentarily. announced that on September 13, 2007, Mark Allen Davis, 40, of Tiburon, CA, pled guilty to two counts of mail fraud, two counts of wire fraud, and one count of aggravated identity theft. The charges are the result of an investigation by the United States Postal Inspection Service.
Davis was indicted by a federal grand jury on May 3, 2007, and charged with two counts of mail fraud and two counts of wire fraud. On September 13, 2007, a five count superseding information was filed in federal court, and Davis pled guilty to all five counts of the information on the same date.
According to the plea agreement in the case, Davis conducted a scheme in which he placed newspaper advertisements concerning real properties that had been foreclosed upon and that were available for purchase. These advertisements listed a toll-free telephone number. When potential customers called the toll-free telephone number, Davis asked them to provide information about their bank accounts, including account and routing numbers, which he falsely told them he needed in order to verify their identities. Davis then used this bank account information without the account holders’ permission or consent to prepare bank drafts that he deposited into bank accounts he controlled. By doing so, he withdrew funds from the account holders’ bank accounts and transferred them for his own use.
Under the terms of his plea agreement, Davis faces a sentence of between 70 and 81 months. Davis is scheduled to be sentenced on December 20, 2007.
The maximum statutory penalty for mail fraud and wire fraud is 30 years imprisonment and $1 million fine. Additionally, the aggravated identity theft count of the superseding information carries a mandatory two-year consecutive prison sentence and a maximum possible fine of $250,000. However, any sentence would be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal stature governing the imposition of a sentence, 18 U.S.C. § 3553.
Andrew Caputo is the Assistant U.S. Attorney who prosecuted the case with the assistance of Rawaty Yim. The prosecution is the result of an investigation by the United States Postal Inspection Service.
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