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remittance on or about May 9, 1997, shortly after Federal agents
had seized petitioner’s property and documents.
The Criminal Case
Petitioner was one of several defendants in the multicount
criminal case styled United States v. McCorkle, Criminal Docket
No. 98-CR-52-All (M.D. Fla.) (sometimes, the criminal case). On
March 19, 1998, a superseding indictment was brought against
petitioner (among others), which included numerous counts
involving fraud and money laundering. The money-laundering
counts were brought pursuant to 18 U.S.C. secs. 1956 and 1957,
and the superseding indictment charged that petitioner had
laundered and conspired to launder telemarketing fraud proceeds
from July 26, 1996, through July 2, 1997.
The superseding indictment also contained a forfeiture count
alleging that any proceeds that petitioner obtained from fraud
and money laundering were forfeitable to the United States
pursuant to 18 U.S.C. sec. 982(a)(1). Petitioner and his wife
had deposited $7 million in laundered proceeds into the Royal
Bank of Canada Trust Company, in the Cayman Islands. Of that $7
million, $2 million was used to make the $2 million remittance,
and $2 million was transferred to a legal trust fund established
to pay the legal fees of petitioner’s (and his wife’s) criminal
defense attorneys, including F. Lee Bailey, which $2 million was
later transferred by Mr. Bailey to himself and others.
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