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as HRW, Dunn, or Johnson McGee. His investigation ultimately
revealed that there was no HRW business, business assets, or
security for the HRW loan.
Accordingly, the HRW loan matter was turned over to the
Austin Police. During the police investigation, the individuals
listed on the HRW loan documents as officers of HRW denied any
connection with HRW. The police investigation culminated in
January 1992 with petitioner's indictment on Federal
embezzlement, theft, and fraud charges.
Petitioner was convicted on three counts of theft and money
laundering by a jury verdict. United States v. Johnson, No. A-
90-Cr-191 (W.D. Tex. 1992). Petitioner appealed the convictions
to the United States Court of Appeals for the Fifth Circuit,
which remanded the case to the District Court. United States v.
Johnson, 16 F.3d 69 (5th Cir. 1994), modified 18 F.3d 293 (5th
Cir. 1994). After a hearing, the District Court ordered a new
trial, but, on appeal, the Fifth Circuit Court of Appeals
reversed. United States v. Johnson, 95 F.3d 1149 (5th Cir.
1996), cert. denied, 117 S. Ct. 622 (1996). Petitioner filed an
appeal with the Court of Appeals for the Fifth Circuit regarding
the recent denial of his postconviction relief request. That
appeal is still pending.
ULTIMATE FINDINGS OF FACT
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