1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA : CRIMINAL NO. v. : DATE FILED: MICHAEL J. SYMONS : VIOLATIONS: 18 U.S.C. 657 (unlawful misapplication of credit union funds by an employee - 1 count) 26 U.S.C. 7206(1) (filing false tax return - 1 count) Notice of forfeiture I N F O R M A T I O N COUNT ONE THE UNITED STATES ATTORNEY CHARGES THAT: At all times material to this information: 1. The Northampton-Carbon County Federal Credit Union ( Nor-Car ) was a federally insured financial institution in that its accounts were insured by the National Credit Union Administration ( NCUA ). Nor-Car s principal place of business was located at 2804 William Penn Highway in Easton, Pennsylvania. Nor-Car also had a branch office at 430 South Seventh Street in Lehighton, Pennsylvania. Nor-Car was liquidated by the NCUA in September 2004 due to insolvency. 2. Nor-Car was a member of and maintained an account at the Mid-Atlantic Corporate Federal Credit Union ( Mid-Atlantic ), a federally chartered corporate credit union located at 1201 Fulling Mill Road in Middletown, Pennsylvania. 3. Defendant MICHAEL J. SYMONS was the President and Chief Executive Officer of Nor-Car from in or about 1989 until in or about November 2003, and as such, was
2 responsible for all aspects of the credit union operation, including reconciling the accounts, maintaining the books and records, managing the Mid-Atlantic account, preparing the required financial reports, and reporting to the Board of Directors. The reconciliations and financial reports prepared by defendant SYMONS were presented to and relied upon by the NCUA and Nor-Car s Board of Directors. 5. Defendant MICHAEL J. SYMONS had a financial and/or ownership interest in a construction and paving business that operated under the names PAN Construction Company, PAN Companies, Inc., and Arcadia Group, Inc., d/b/a PAN Paving (hereinafter collectively referred to as PAN ), all of which maintained various accounts with Nor-Car. 6. From in or about 1998 through in or about October 2003, in the Eastern District of Pennsylvania, and elsewhere, defendant MICHAEL J. SYMONS, being an employee of Nor-Car, the deposits of which were insured by the NCUA, knowingly embezzled, abstracted, purloined and willfully misapplied approximately $1.8 million belonging to and intrusted to the care of Nor-Car, as follows: 7. Defendant MICHAEL J. SYMONS fraudulently transferred to the PAN companies a total of approximately $1,762, in Nor-Car funds. 8. Defendant MICHAEL J. SYMONS fraudulently converted to his own use Nor-Car funds totaling approximately $84,455, which he used for personal and other improper purposes. 9. Defendant MICHAEL J. SYMONS concealed this fraudulent activity by creating false entries, or failing to record the activity, in Nor-Car s general ledger accounts, and by falsifying the reconciliations of Nor-Car s Mid-Atlantic account so that it appeared that the
3 account was balanced when it was not. 10. From 1998 through 2002, defendant MICHAEL J. SYMONS fraudulently transferred to the PAN companies approximately $670, in Nor-Car funds by crediting approximately 387 PAN checks, when defendant SYMONS knew that the PAN accounts lacked the funds to cover these checks. Defendant SYMONS did not record these transactions in Nor- Car s books, but instead maintained a subsidiary ledger of the unfunded checks. 11. Defendant MICHAEL J. SYMONS fraudulently transferred into various PAN accounts Nor-Car funds totaling approximately $660, by creating false entries showing that the PAN companies had deposited the funds, when defendant SYMONS knew that no such deposits had been made. 12. On or about June 3, 2003, defendant MICHAEL J. SYMONS fraudulently used Nor-Car funds to pay a third-party debt of the PAN companies by issuing a Nor-Car check in the amount of $200,000 to Alleghany Surety Company to pay for a construction bond on PAN s behalf. 13. From in or about November 1996 through in or about June 2000, defendant MICHAEL J. SYMONS fraudulently used Nor-Car funds to make payments totaling approximately $174, on a home equity loan held by the PAN Companies, and payments totaling approximately $40, on a mortgage loan held by P. N., a person known the United States Attorney, who was a principal and owner of the PAN Companies. Defendant SYMONS did not record these checks in Nor-Car s books. 14. On or about July 21, 1998, defendant MICHAEL J. SYMONS fraudulently used Nor-Car funds to pay a personal expense, by issuing a Nor-Car check in the amount of $2,600 to the Massanutten Miltary Academy, where defendant SYMONS was
4 chairman of the Board of Trustees. Defendant SYMONS did not repay this money to Nor-Car. 15. On or about January 25, 2000, defendant MICHAEL J. SYMONS amount of $500 to a Fannie-Mae investment held by defendant SYMONS. Defendant SYMONS did not repay this money to Nor-Car. 16. On or about January 25, 2000, defendant MICHAEL J. SYMONS amount of $1,000 to a Bank of New York investment held by defendant SYMONS. Defendant SYMONS did not repay this money to Nor-Car. 17. In or about May 1999 through in or about September 1999, defendant MICHAEL J. SYMONS fraudulently used Nor-Car funds for improper purposes by issuing checks totaling approximately $42,465 on the Nor-Car accounts payable dormant account, which contained only those funds that were escheatable to the state by virtue of abandonment, and used those checks for various improper purposes. Defendant SYMONS did not repay this money to Nor-Car. 18. On or about August 31, 1999, defendant MICHAEL J. SYMONS fraudulently used Nor-Car funds by issuing a check in the amount of $6, to Mauch Chunk Trust Company to pay a mortgage obligation of W.M., a person known to the United States Attorney. Neither defendant SYMONS nor W.M. repaid this money to Nor-Car. 19. On or about September 14, 1999, defendant MICHAEL J. SYMONS amount of $615 to Travelers Insurance in connection with a personal account defendant
5 SYMONS held with Travelers. Defendant SYMONS did not repay this money to Nor-Car. 20. On or about October 8, 1999, defendant MICHAEL J. SYMONS amount of $1,400 check to Nazareth National Bank, in connection with a personal account defendant SYMONS held with the Bank. Defendant SYMONS did not repay this money to Nor-Car. 21. In or about March 1999 through in or about October 1999, defendant MICHAEL J. SYMONS fraudulently used Nor-Car funds for improper purposes by issuing checks totaling approximately $17,250 on Nor-Car s insurance premiums payable account, and used those checks for various improper purposes. Defendant SYMONS did not repay this money to Nor-Car. In violation of Title 18, United States Code, Section 657.
6 COUNT TWO THE UNITED STATES ATTORNEY FURTHER CHARGES THAT: 1. Paragraphs 1 through 5 of Count One are realleged here. 2. From on or about January 5, 2001 through on or about October 12, 2001, the PAN Companies, Inc. issued to defendant MICHAEL J. SYMONS approximately 38 checks and cash payments totaling $41,000. The check stubs contained the notation stock repurchase, and the transactions were recorded in the PAN Companies records as stock purchases. 3. On or about April 15, 2002, in Philadelphia, in the Eastern District of Pennsylvania, defendant MICHAEL J. SYMONS willfully made and subscribed a United States income tax return, Form 1040, for the calendar year 2001, which was verified by a written declaration that it was made under the penalty of perjury and filed with the Director, Internal Revenue Service Center, at Philadelphia, Pennsylvania, which defendant MICHAEL J. SYMONS did not believe to be true and correct as to every material matter, in that the return reported total income for himself and his spouse of $139,989.00, when, as defendant SYMONS knew, he had not included $41,000 in additional income which defendant SYMONS had received from the PAN Companies Inc. throughout 2001, and therefore under reported his total income. In violation of Title 26, United States Code, Section 7206(1).
7 NOTICE OF FORFEITURE THE UNITED STATES ATTORNEY FURTHER CHARGES THAT: 1. As a result of the violation of Title 18, United States Code, Section 657, set forth in this information, defendant MICHAEL J. SYMONS shall forfeit to the United States of America any property that constitutes, or is derived from, proceeds obtained directly or indirectly from the commission of such offense, including, but not limited to, the sum of $ 1.8 million. 2. If any of the property subject to forfeiture, as a result of any act or omission of the defendants: (a) (b) (c) (d) (e) cannot be located upon the exercise of due diligence; has been transferred or sold to, or deposited with, a third party; has been placed beyond the jurisdiction of the Court; has been substantially diminished in value; or has been commingled with other property which cannot be divided without difficulty; it is the intent of the United States, pursuant to Title 18, United States Code, Section 982(b), incorporating Title 21, United States Code, Section 853(p), to seek forfeiture of any other property of the defendants up to the value of the property subject to forfeiture. All pursuant to Title 18, United States Code, Section 982(a)(2). PATRICK L. MEEHAN UNITED STATES ATTORNEY
UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION INVESTMENT ADVISERS ACT OF 1940 Release No. 4017 / February 4, 2015 ADMINISTRATIVE PROCEEDING File No. 3-16371 In the Matter of Respondents.
State of New York - Department of Law Solicitation and Collection of Funds for Charitable Purposes Article 7-A, Executive Law & Administration of Charitable Assets Section 8-1.4, Estates, Powers and Trusts
FILED IN OPEN COURT U.S.D.C. Atlanta IN THE UNITED STATES DISTRICT COURT MAR 0 4 2015 FOR THE NORTHERN DISTRICT OF GEORG!Pf'~ ATLANTA DIVISION y ES ~TIE, Cle'rk ~OeputyCle UNITED STATES OF AMERICA v. DAVID-MANUEL
UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION SECURITIES ACT OF 1933 Release No. 9714 / January 28, 2015 SECURITIES EXCHANGE ACT OF 1934 Release No. 74161 / January 28, 2015 ACCOUNTING
The 2007 Florida Statutes 607.0101 Short title....5 607.0102 Reservation of power to amend or repeal....5 607.0120 Filing requirements...5 607.0121 Forms...6 607.0122 Fees for filing documents and issuing
Pg 1 of 97 MICHAEL J. MANDELBROT, SBN172626 Attorney At Law 11 Bridle Path Lane Novato, CA 94945 Telephone (415) 895-5175 Telephone: (800) 970-3878 E-Mail: firstname.lastname@example.org Attorney for
. ',., UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - -}C UNITED STATES OF AMERICA -v- MIKHAIL ZEMLYANSKY, a/k/a "Mike Zemlin," a/k/a "Russian Mike," a/k/a
WEST VIRGINIA CODE CHAPTER 33. INSURANCE. ARTICLE 26A. WEST VIRGINIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT. 33-26A-1. Short title. This article shall be known and may be cited as the "West
EXECUTION VERSION An Agreement Among the Attorneys General of the States and Commonwealths of Alabama, California, Colorado, Connecticut, the District of Columbia, Florida, Idaho, Illinois, Iowa, Kansas,
UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION INVESTMENT COMPANY ACT OF 1940 Release No. 31601 / May 14, 2015 ADMINISTRATIVE PROCEEDING File No. 3-16537 In the Matter of Respondent.
BELIZE INTERNATIONAL INSURANCE ACT CHAPTER 269 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK SECURITIES AND EXCHANGE COMMISSION, v. Plaintiff, TAKE-TWO INTERACTIVE SOFTWARE, INC., RYAN BRANT, LARRY MULLER, JAMES DAVID, JR., and
Company No. 09127533 INCORPORATED UNDER THE COMPANIES ACT 2006 THE COMPANIES ACT 2006 PUBLIC COMPANY LIMITED BY SHARES ARTICLES OF ASSOCIATION of GEORGIA WORLDWIDE PLC Adopted on 16 September 2014 163756-4-9669-v0.6
Compilation of the Rules of the Mississippi Workers Compensation Commission Title 20: Labor Part 1: Rules of the Mississippi Workers Compensation Commission Part 1 Chapter 1: General Rules Rule 1.1 Meetings.
BE-10 Instructions (REV. 12/2014) OMB NO. 0608-0049: APPROVAL EXPIRES 11/30/2017 U.S. DEPARTMENT OF COMMERCE BUREAU OF ECONOMIC ANALYSIS 2014 BENCHMARK SURVEY OF U.S. DIRECT INVESTMENT ABROAD INSTRUCTIONS
Federal Reserve Banks Operating Circular No. 10 LENDING Effective July 16, 2013 FEDERAL RESERVE BANKS OPERATING CIRCULAR NO. 10 Effective July 16, 2013 LENDING (Click CTRL + section or page number to go
Case 3:12-cv-05191-G Document 1 Filed 12/20/12 Page 1 of 23 PageID 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION NATIONAL CREDIT UNION ADMINISTRATION BOARD, AS
STATE OF NEW YORK INSURANCE DEPARTMENT REPORT ON FINANCIAL CONDITION EXAMINATION OF THE FIRST REHABILITATION LIFE INSURANCE COMPANY OF AMERICA CONDITION: December 31, 2009 DATE OF REPORT: May 5, 2011 STATE
Background The Fair Debt Collection Practices Act (FDCPA) (15 USC 1692 et seq.), which became effective in March 1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices.
Chief IN THE SUPREME COURT OF PENNSYLVANIA OFFICE OF DISCIPLINARY COUNSEL, : No. 1382 Disciplinary Docket No_ 3 Petitioner. : No, 70 DB 2008 V. : Attorney Registration No. 29676 BERNARD LAMBERT, Respondent
UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION INVESTMENT ADVISERS ACT OF 1940 Release No. 3993 / January 13, 2015 SECURITIES EXCHANGE ACT OF 1934 Release No. 74044 / January 13,
CONSTITUTION and BY-LAWS of THE NATIONAL BASKETBALL ASSOCIATION May 29, 2012 i TABLE OF CONTENTS Interpretation 1 CONSTITUTION Page 1. Name of Association 5 2. Principles of Organization 5 3. Conflicts
Instructions for Using the Firm Application Template READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING OR REVIEWING THE APPLICATION. THE FAILURE TO ANSWER ALL QUESTIONS COMPLETELY AND ACCURATELY OR THE