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					     Case 3:09-cr-00049-TMR            Document 28           Filed 07/15/2009       Page 1 of 19

                                                                                                FILED
                                                                                            .JAMES BONINI
                                                                                                CL~ER;\
                          IN THE UNITED STATES DISTRICT COURT
                           FOR THE SOUTHERN DISTRICT OF OHIO                            2009 JUl '4 PH~: 10
                                   WESTERN DIVISION

UNITED STATES OF AMERICA                                CASE NO. 3:09CR049


                vs.                                     JUDGE THOMAS M. ROSE

GREGORY S. CHEW, (1)
                                   FIRST SUPERSEDING INDICTMENT
(COUNTS in original Indictment: 1-25)

(COUNTS in First Superseding

Indictment ("FSI"): I -34)


RICHARD C. CONFER, JR. (2)                              18   U.S.c.   §2
(COUNTS in FSI: 26-34)                                  18   U.S.C.   § 1341
                                                        18   U.S.C.   § 1343
PEGGY J. PIERSON, (3)                                   18   U.S.C.   § 1956(h)
(COUNTS in FSI: 26, 32-34)                              18   U.S.C.   § 1957
                                                        31   U.S.C.   § 5324(a)(3) and (d)(2)
                Defendants.
                                                        Forfeiture




THE GRAND JURY CHARGES THAT:

                                            COUNTl

                                        (Money Laundering)


        Between on or about March 31, 2006 and April 13, 2006, in the Southern District of Ohio,

defendant GREGORY S. CHEW, did knowingly engage in a monetary transaction by and through

a financial institution, affecting interstate commerce, in criminally derived property ofa value greater

than $10,000, that is transfer of a monetary instrument in the amount of $26,650.50 used for the

purchase of a 2006 American Iron Horse Outlaw motorcycle bearing vehicle identification number

of: 5L5 SY 144161000150 which was purchased from American Classic Cycle, located at 2170 Heller

Drive, Beavercreek, Ohio, such property having been derived from specified unlawful activity,



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namely mail fraud in violation of18 U.S.C. § 1341 and wire fraud in violation of 18 U.S.C. § 1343

in association with certain mortgage loan closings involving the sale of real estate located at 42-44

Samuel Street, 619 Corwin Ave., and 144 Nassau St. all in Dayton, Ohio which were conducted at

Partners Land Title Agency, 3033 Kettering Blvd., Suite 301, Dayton, Ohio 45439.

        All in violation of 18 U. S. C. § 1957.


                                        COUNTS 2-25
                              (Structuring Financial Transactions)

        2.     On or about the dates set forth in the schedule below, in the Southern District of Ohio,

the defendant, GREGORY S. CHEW, knowingly and for the purpose of evading the reporting

requirements established under 31 U.S.c. § 5313(a), and the regulations promulgated thereunder,

to wit: 31 C.F.R. § 103.11 and § 103.22, did structure, attempt to structure, and assist in structuring

the follovving U.S. currency transactions with the domestic financial institutions identified below,

each such structured currency transaction being a separate count ofthis First Superseding Indictment,

and did so as part ofa pattem of illegal activity involving more than $100,000 in a 12-month period:

Count          Transaction Date                Financial Institution           Amount

 2             3/25/05                         Liberty Savings Bank            $10,000

 3             3/25/05                         Liberty Savings Bank            $5,000

 4             3/29/05                         Liberty Savings Bank            $8,700

 5             4/27/05                         Liberty Savings Bank            $9,700

 6             6/11/05                         Liberty Savings Bank            $8,000

 7             8/8/05                          Liberty Savings Bank            $9,900

 8             9/3/05                          Liberty Savings Bank            $9,810


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 9             4/13/06                       Liberty Savings Bank           $10,000

 10             7/3/06                       Huntington National Bank       $8,900

 11            7/5/06                        Huntington National Bank       $10,000

 12             7/6/06                       Huntington National Bank       $9,550

 13             10/4/06                      Huntington National Bank       $7,000

 14             10/16/06                     Huntington National Bank       $10,000

 15             10/26/06                     Huntington National Bank       $10.000

 16             1/5/07                       Fifth Third Bank               $10,000

 17             119/07                       Fifth Third Bank               $10,000

 18            1/25/07                       Huntington National Bank       $8,191

 19            3/30/07                       Huntington National Bank       $9,994

 20            6/13/07                       Huntington National Bank       $9,125

 21            6/13/07                       Huntington National Bank       $9,125

 22            6/13/07                       Huntington National Bank       $9,125

 23            6/13/07                       Huntington National Bank       $8,000

 24            11/23/07                      JP Morgan Chase Bank           $8,500.02

 25            12/04/07                      JP Morgan Chase Bank           $5,000

      In violation of31 U.S.C. § 5324(a)(3) and (d)(2) and 31 C.F.R. § 103.11 and § 103.22.


                                         COUNT 26
                                (Conspiracy to Launder Money)

        3.     From on or aboutJuly 15, 2003, and continuing through ill1til the date of this First

Superseding Indictment, in the Southern District of Ohio and elsewhere, defendants GREGORY


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S. CHEW, RICHARD C. CONFER, JR., PEGGY J. PIERSON, together with certain other

individuals made known to the Grand Jury and identified as: "K.T.", "lB.", "R.H.", "C.P.", "M.G.",

"lB.", "R-H-l", "lP.", "W.T.", along with others, both known and unknown to the Grand Jury, did

unlawfully, and knowingly combine, conspire, confederate, and agree between themselves, to

commit certain offenses against the United States as follows:

               a)   knowing that certain properties involved in a financial transactions affecting

               interstate commerce, represented the proceeds ofsome f0I111 ofunlawful activity, did

               conduct and attempt to conduct such financial transactions which, in fact involved

               the proceeds of specified unlawful activity, with the intent to promote the carrying

               on ofa specified unlawful activity in violation of 18 U.S.C. §

               1956(a)(l)(A)(I), and 18 U.S.c. § 2, and

               b)   knowingly engage in, and attempted to engage in a monetary transactions by,

               through, or to a financial institution affecting interstate or foreign commerce in

               criminally derived property of a value greater than $10,000.00 that was deposited,

               withdrawn, transferred and exchanged in U. S. currency, funds and monetary.

               instruments such as to affect interstate commerce, from one or more violations of 18

               U.S.c.	 §§ 1014,1341 and 1343, all in violation of 18 U.S.c. § 1957.

                              OBJECTS OF THE CONSPIRACY

       4.      It was an object ofthe conspiracy that financial transactions were completed knowing

that the property and money involved in said transactions represented proceeds and profits ofvarious

forms of specified unlawful activities associated with mortgage fraud to include money laundering,

mail fraud and wire fraud on mortgage loan applications and associated mortgage loan documents.


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        5.      It was further an object of the conspiracy that financial transactions were completed

with the intent to promote the carrying on ofacts ofmortgage fraud in the form of specified unlawful

activities associated with mortgage fraud to include money laundering, mail fraud and wire fraud on

mortgage loan applications and associated mortgage loan docun1ents.

        6.      It was further an object ofthe conspiracy to knowingly engage, or attempt to engage

in monetary transactions in property valued in excess of $1 0,000.00 which was criminally derived

from specified unlawful activities associated with mortgage fraud to include money laundering, mail

fraud and wire fraud on mortgage loan applications and associated mortgage loan documents.

        7.      It was further an object of the conspiracy to allow the conspirators to enjoy the

benefits ofthe substitute proceeds received through their mortgage fraud activities while attempting

to insulate themselves from possible detection by law enforcement authorities and criminal

prosecution.

                                  THE MANNER AND MEANS

        8.      At all times during the above stated time period, it was a part of the conspiracy for

the defendants herein to prepare and submit, and cause to be prepared and submitted on behalf of

prospective purchasers of residential properties, the majority of which were low income and

otherwise depressed residential properties located in the Dayton, Ohio area, certain mortgage loan

application packages to various lending institutions located throughout the United States which

contained false, fictitious, forged and fraudulent documents including: agreements to sell real estate,

Uniform Residential Loan Applications (Form 1003), Department ofHousing & Urban Development

Settlement Statements (HUD-1 Form), residential property appraisal reports, copies of down

payment checks and other related miscellaneous correspondence and memoranda. These false,


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fictitious, and fraudulent documents were placed or caused to be placed in interstate commerce by

the above named defendants, and other aforesaid named and unnamed individuals via commercial

interstate carrier; and via electrical signs and signals by means of wire communication facsimile

transmissions and 'Wire transfers.

        9.     It was further part of the conspiracy that defendants defendants GREGORY S.

CHEW, RICHARD C. CONFER, JR., and PEGGY J. PIERSON, opened and caused other

persons to open accounts at various financial institutions within the Southern District of Ohio.

        10.    It was further part of the conspiracy that each of the named defendants caused

criminally derived funds in excess of $10,000.00 to be transferred to and from FDIC financial

institution accounts located in the Southern District of Ohio and elsewhere, as part of their normal

business operations in the Southern District of Ohio, which in turn promoted the carrying on of the

specified unlawful activity to include: mail fraud, wire fraud and money laundering in violation of

18 U. S. C. §§ 1341,1343,1956 and 1957 respectively.

        11.    It was further part of the conspiracy that defendants GREGORY S. CHEW,

RICHARD C. CONFER, JR., and PEGGY J. PIERSON, together with other individuals both

known and unknown to the Grand Jury, fraudulently obtained over $17 million in mortgage loans

from over 39 mortgage lending institutions as part of this scheme.

       12.       It was further part of the conspiracy that defendants GREGORY S. CHEW,

RICHARD C. CONFER, JR., and PEGGY J. PIERSON, and other individuals both knO'WTI and

unknown to the Grand Jury, fraudulently obtained over $7.9 million for their collective personal use

as part of this scheme.




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        13.      It was further part of the conspiracy that defendants GREGORY S. CHEW,

RICHARD C. CONFER, JR., and PEGGY J. PIERSON, and other individuals both known and

unknown to the Grand Jury, victimized over 57 property investors as part of this scheme.

        14.      It was further part of the conspiracy that defendants GREGORY S. CHEW,

RICHARD C. CONFER, JR., and PEGGY J. PIERSON, and other individuals both known and

unknown to the Grand Jury, that over 247 residential properties were sold and closed as part of this

scheme, 210 of which were located in Montgomery County, Ohio.

       15.        It was further part of the conspiracy that defendants GREGORY S. CHEW,

RICHARD C. CONFER, JR. and PEGGY J. PIERSON, and other individuals both known and

unknown to the Grand Jury opened and operated certain businesses to facilitate the commission of

mortgage fraud activities to include: Raging Bull Enterprises, Inc. of 6848 Loop Road, Centerville,

Ohio 45459; Raging Bull Enterprises, Inc. of3300 Middle Run Road, Waynesville, Ohio; All World

Capital Corporation of 619 S. Kelseys Way, Dayton, Ohio 45440; Omega Title, LLC of 7031

Corporate Way, Suite 210, Centerville, Ohio 45459.

                                         OVERT ACTS

       16.     In furtherance of the conspiracy and to effect the objects thereof, a conspirator

committed one or more of the overt acts listed below:

                      a. Between the period of between on or about April 14,
                      2005 and on or about January 18,2008, the defendant,
                      GREGORY S. CHEW, participated in approximately 61
                      separate fraudulent real estate closings involving real estate
                      located throughout the Southern District of Ohio. The net
                      fraudulent loan amounts associated with these closings
                      exceeded $4,600,000.




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              b. Between the period ofbetween on or about April 14,2005
              and on or about January 18, 2008, the defendant, GREGORY
              S. CHEW and his co-conspirators caused over $2,700,000 in
              fraudulent gross disbursements to be made to said
              conspirators on the 61 real estate closings described in Overt
              Act a. above.

              c. Between the period ofbetween on or about April 14,2005
              and on or about January 18,2008, defendant GREGORY S.
              CHEW, and his co-conspirators concealed from various
              lending institutions the fraudulent cash payments exceeding
              $590,000 in down payments on the 61 real estate closings
              described in Overt Acts a. and b. above.

              d. Between the period ofbetween on or about December 16,
              2003 and on or about September 19, 2005, the defendant,
              PEGGY J. PIERSON, participated in approximately 19
              separate fraudulent real estate closings involving real estate
              located throughout the Southern District of Ohio. The net
              fraudulent loan amounts associated with these closings
              exceeded $2,000,000.

              e. Between the period ofbetween on or about December 16,
              2003 and on or about September 19, 2005,the defendant,
              PEGGY J. PIERSON, and her co-conspirators caused over
              $600,000 in fraudulent gross disbursements to be made to
              said conspirators on the 19 real estate closings described in
              Overt Act d. above.

             f. Between the period of between on or about December 16,
             2003 and on or about September 19, 2005, defendant
             PEGGY J. PIERSON, and her co-conspirators concealed
             from various lending institutions the fraudulent cash
             payments exceeding $200,000 in down payments on the 19
             real estate closings described in Overt Acts d. and e. above.

             g. Between the period of between on or about July 15,2003
             and on or about November 14, 2008, the defendant,
             RICHARD C. CONFER, JR., participated in approximately
             190 separate fraudulent real estate closings involving real
             estate located throughout the Southern District of Ohio. The
             net fraudulent loan amounts associated with these closings
             exceeded $13,600,000.


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                      h. Between the period of between on or about July 15,2003
                      and on or about November 14, 2008, the defendant,
                      RICHARD C. CONFER, JR., and his co-conspirators
                      caused over $6,300,000 in fraudulent gross disbursements to
                      be made to said conspirators on the 190 real estate closings
                      described in Overt Act g. above.

                      i. Between the period of between on or about July 15,2003
                      and on or about November 14,2008, defendant RICHARD
                      C. CONFER, JR., and his co-conspirators concealed from
                      various lending institutions the fraudulent cash payments
                      exceeding $1,600,000 in down payments on the 190 real
                      estate closings described in Overt Acts g. and h. above.

                      j. Benveen the period of between on or about July 15,2003
                      and the date of this First Superseding Indictment, the
                      defendant GREGORY S. CHEW operated a business known
                      as Raging Bull Enterprises, Inc. of 6848 Loop Road,
                      Centerville, Ohio 45459.

                      k. Between the period of between on or about July 15,2003
                      and the date of this First Superseding Indictment, the
                      defendant GREGORY S. CHEW operated a business known
                      as All World Capital Corporation of 619 S. Kelseys Way,
                      Dayton, Ohio 45440.

                      1. Between the period of between on or about July 15,2003
                      and the date of this First Superseding Indictment, the
                      defendant PEGGY J. PIERSOl' operated a business known
                      as Omega Title, LLC of 7031 Corporate Way, Suite 210,
                      Centerville, Ohio 45459.

       All in violation of 18 U.S.C. § 1956(h).


                                     COUNTS 27-31
                                      (Mail Fraud)

       17.     The United States Attorney realleges all the allegations contained in paragraphs 3 ­

16 of Count 26 of this First Superseding Indictment as if they were fully reproduced herein.




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        18.    From on or about July 15, 2003, and continuing through the date of this First

Superseding Indictment, in the Southern District ofOhio and elsewhere, the defendants GREGORY

S. CHEW and RICHARD C. CONFER, JR. together with other individuals both known and

unknown to the Grand Jury, did knowingly participate in, devise and intend to devise a scheme and

artifice to defraud and obtain money, by means of making materially false and fraudulent pretenses,

representations and promises, from various real estate investors located in and around the Dayton,

Ohio area, and from various out-of-state mortgage lending institutions including Argent Mortgage

Company, LLC, 2550 Golf Road, Rolling Meadows, IL.

        19.    It was part of said scheme and artifice to defraud and to obtain money that the

defendants GREGORY S. CHEW and RICHARD C. CONFER, JR., together with other

individuals both known and unknown to the Grand Jury, participated in organizing and establishing

various business entities to include: Raging Bull Enterprises, Inc. of 6848 Loop Road, Centerville,

Ohio 45459 and 3300 Middle Run Road, Waynesville, Ohio and All World Capital Corporation of

619 S. Kelseys Way, Dayton, Ohio 45440, all for the purpose of specifically soliciting prospective

real estate investors from the Dayton, Ohio area to invest in residential properties, the majority of

which were depressed, low income and otherwise run-down rental properties located in the Dayton,

Ohio area.

       20.     It was further part of said scheme and artifice to defraud and to obtain money that the

defendants GREGORY S. CHEW and RICHARD C. CONFER, JR., together with other

individuals both known and unkno\\'11 to the Grand Jury would cause to be prepared and forwarded

certain mortgage loan applications and other associated personal credit information to various

mortgage lending institutions located within and without the Southern District of Ohio.


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        21.    It was further part ofsaid scheme and artifice to defraud and to obtain money that the

defendants GREGORY S. CHEW and RICHARD C. CONFER, JR., together with other

individuals both known and unknown to the Grand Jury, would acquire certain depressed, low

income and otherwise run-down rental properties in the Dayton, Ohio area, which would be sold to

investors they had recruited and solicited.

        22.    It was further part of said scheme and artifice to defraud and to obtain money that the

defendants GREGORY S. CHEW and RICHARD C. CONFER, JR. together with other

individuals both known and unknown to the Grand Jury, would provide prospective real estate

investors various fraudulent verbal assurances to include: (a) the promise of receiving a cash

payment upon closing on each and every rental property purchased; (b) the promise that all

purchases of real estate investment properties would be 100% financed with no money down

required from any prospective buyer; (c) the promise that they would ensure that all investment

properties would be properly and timely repaired and renovated up to rentable standards at no cost

to the purchaser; (d) the promise that they would ensure all investment properties would be fully

rented before the purchaser would become obligated to make any monthly mortgage payments; and

(e) the promise that each investment property would generate a positive monthly cash flow per rental

unit. None of these purported promises, assurances or facts were accurately or truthfully reflected

on the respective HUD-l Forms.

       23.     It was further part of said scheme and artifice to defraud and obtain money that the

defendants GREGORY S. CHEW and RICHARD C. CONFER, JR., together with other

individuals both known and unknown to the Grand Jury, would specifically refer certain mortgage

loan closing business concerning sales of Dayton, Ohio area investment property sold by the


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conspiracy to trusted associates and co-conspirators employed and connected with various Dayton,

Ohio area title companies and settlement agents to include Omega Title, LLC, 7031 Corporate way,

Suite 201, Centerville, Ohio 45459.

        24.    It was further part of said scheme and artifice to defraud and obtain money that the

co-conspirators would fraudulently share disbursement monies issued through checks from title

companies and settlement agencies following the completion of mortgage loan closings presided

over by designated closing agents connected to subject conspiracy. Co-conspirators would falsely

and fraudulently sign associated HUD-l Forms indicating that the purchaser provided the down

payment at closing, while well knowing in fact the down payments was fraudulently paid by a co­

conspirator.

       25.     Between on or about July 15, 2003, and continuing through the date of this First

Superseding Indictment, in the Southern District of Ohio, and elsewhere, the defendants

GREGORY S. CHEW and RICHARD C. CONFER, JR., together with other individuals both

known and unknown to the Grand Jury, for the purpose of executing the aforesaid scheme and

artifice to defraud and obtain money, knowingly did cause to be delivered by United Parcel Service

(UPS) and DHL Express, both commercial interstate carriers, according to the directions thereon,

certain envelopes and packages containing certain false and fraudulent real estate appraisal reports,

HUD-l Forms and Form 1003 signed by various defrauded real estate investors located in the

Dayton, Ohio area, which were addressed from various title agencies located within the Southern

District of Ohio, to include: Custom Title Services, 4665 Cornell Road, Suite 150, Cincinnati, Ohio

45241; Partners Land Title Agency, 3033 Kettering Blvd., Dayton, Ohio 45439 and First Assurance

Title Agency, LLC, 8137 N, Main Street, Dayton, Ohio 45415, Each count in the below referenced


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            chart describes the affected purchasers, date of mailing, property address, loan amount, down

            payment amount, mortgage lending institution, settlement agency and express mail carrier.



    COUNT   PURCHASER        DATE OF         PROPERTY              LOANAMT.I    MORTGAGE        SETTLEMENT        EXPRESS
                             MAILING          ADDRESS                DOWN        LENDER           AGENCY          CARRIER
                                                                    PAYMENT
     27       Buyer 1           O/A       138 McReynolds,           $68,400/       Argent       Custom Title       UPS
                              6/30/06     Dayton,OH                 $8,855.29


,
     28       Buyer 2             O/A     619 Corwin,                $90,000/   New Century    Partners Land       UPS
                                 4/3/06   Dayton,OH                 $9,694.41                  Title


     29       Buyer 2             O/A     42-44 Samuel,             $50,000/      American     Partners Land       UPS
                                 4/4/06   Dayton,OH                $24,691.15     Mortgage     Title


     30       Buyer 2           O/A       144 Nassau,               $75,600/     CIT Group     Partners Land
                              4/12/06     Dayton,OH                 $8,433.13                  Title               UPS


     31       Buyer 3           O/A       1319-21 Xenia,            $78,300/     Huntington    First               DHL
                              4/16/07     Dayton,OH                $12,136.71    Mortgage      Assurance


            All in violation of 18 U. S. C. §§ 1341 and 2.


                                                         COUNT 32
                                                        (Wire Fraud)

                   26.     TIle United States Attorney realleges all of the allegations contained in paragraphs

            3 - 16 of Count 26 of this First Superseding Indictment as if they were fully reproduced herein.

                   27.     The United States Attorney further realleges all the allegations contained in

            paragraphs 17 - 25 of COUllts 27- 31 of this First Superseding Indictment as if they were fully

            reproduced herein.


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        28.     On or about July 14,2005, in the Southern District of Ohio, and elsewhere, having

knowingly participated in, devised and intended to devise a scheme and artifice to defraud, and for

obtaining money and property by means ofmaterially false and fraudulent pretenses, representations,

and promises, the defendants GREGORY S. CHEW, RICHARD C. CONFER, JR., and PEGGY

J. PIERSON, for the purpose of executing, and attempting to execute the aforesaid scheme and

artifice to defraud knowingly did cause to be transmitted and aided and abetted others in transmitting

and causing to transmit in interstate commerce, by means of wire communications, celtain signs,

signals, and sounds, to wit: a datafax facsimile, a Uniform Residential Loan Application (Form

1003) from Aleva Mortgage of Ohio, Inc., 6422 East Main Street, 2nd Floor, Reynoldsburg, Ohio

43068 to Argent Mortgage Company, LLC, 2550 Golf Road, Rolling Meadows, relating to the real

estate mortgage closing of property located at 21-23 Harper Ave., Dayton, Ohio.

        All in violation of 18 U.S.c. §§ 1343 and 2.



                                             COUNT 33
                                            (Wire Fraud)

       29.     The United States Attorney realleges all of the allegations contained in paragraphs

3 - 16 of Count 26 of this First Superseding Indictment as if they were fully reproduced herein.

       30.     The United States Attorney further realleges all the allegations contained in

paragraphs 17 - 25 of Counts 27- 31 of this First Superseding Indictment as if they were fully

reproduced herein.

       31.     On or about July 12,2005, in the Southern District of Ohio, and elsewhere, having

knowingly participated in, devised and intended to devise a scheme and artifice to defraud, and for



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obtaining money and property by means ofmaterially false and fraudulent pretenses, representations,

and promises, the defendants GREGORY S. CHEW, RICHARD C. CONFER, JR., and PEGGY

J. PIERSON, for the purpose of executing, and attempting to execute the aforesaid scheme and

artifice to defraud knowingly did cause to be transmitted and aided and abetted others in transmitting

and causing to transmit in interstate commerce, by means of wire communications, certain signs,

signals, and sounds, to wit: a datafax facsimile of a Uniform Residential Loan Application (Form

1003) from Aleva Mortgage of Ohio, Inc., 6422 East Main Street, 2 nd Floor, Reynoldsburg, Ohio

43068 to Argent Mortgage Company, LLC, 2550 Golf Road, Rolling Meadows, relating to the real

estate mortgage closing of property located at 11 Fountain, Dayton, Ohio,

       All in violation of 18 U.S.C. §§ 1343 and 2.




                                             COUNT 34
                                            (Wire Fraud)

       32.     The United States Attorney'realleges all of the allegations contained in paragraphs

3 - 16 of Count 26 of this First Superseding Indictment as if they were fully reproduced herein.

       33.     The United States Attorney further realleges all the allegations contained in

paragraphs 17 - 25 of Counts 27- 31 of this First Superseding Indictment as if they were fully

reproduced herein.

       34.     On or about July 13,2005, in the Southern District of Ohio, and elsewhere, having

knowingly participated in, devised and intended to devise a scheme and artifice to defraud, and for

obtaining money and property by means ofmaterially false and fraudulent pretenses, representations,

and promises, the defendants GREGORY S. CHEW, RICHARD C. CONFER, JR., and PEGGY



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J. PIERSON, for the purpose of executing, and attempting to execute the aforesaid scheme and

artifice to defraud knowingly did cause to be transmitted and aided and abetted others in transmitting

and causing to transmit in interstate commerce, by means of wire communications, certain signs,

signals, and sounds, to wit: a wire transfer in the amount of $60,889.83 from i\rgent Mortgage

Company, LLC, 2550 GolfRoad, Rolling Meadows, IL. to Omega Title LLC's account with Liberty

Savings Bank in Dayton, Ohio relating to the real estate mortgage closing ofproperty located at 11

Fountain, Dayton, Ohio.

       All in violation of 18 U.S.C. §§ 1343 and 2.


                             FORFEITURE ALLEGATION No.1

                              RELATING TO COUNTS 1 and 26


       Upon conviction of the offense alleged in Count 1 and/or Count 26 ofthis First Superseding

Indictment, defendant shall forfeit to the United States pursuant to, 18 U.S.C. §982(a)(1), any

property real and personal involved in such offense, or any property traceable to such property, and

criminal proceeds pursuant to 18 U.S.c. §981(a)(1)(C) and 28 U.S.C. § 2461, including but not

limited to the following:

       1.	     A 2006 American Iron Horse Outlaw motorcycle, black metallic in color, bearing

               vehicle identification number 5L5SY144161000150, registered to a PEGGY J.

               PIERSON, bearing Ohio License Plate Number 96LEH.

                             FORFEITURE ALLEGATION No.2
                               RELATING TO COUNTS 2 -25

       Upon conviction of one or more of the offenses alleged in Counts 2 - 25 of the First

Superseding Indictment, the defendant shall forfeit to the United States pursuant to 31 U.S.C. §

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5317(c) all property, real or personal, involved in the offense and any property traceable thereto,

including but not limited to the following:

       1.      As to Count Two a money judgment in the amount of $1 0,000.00;

       2.      As to Count Three a money judgment in the amount of $5,000.00;

       3.      As to Count Four a money judgment in the amount of $8,700.00;

       4.      As to Count Five a money judgment in the amount of$9,700.00;

       5.      As to Count Six a money judgment in the amount of$8,000.00;

       6.      As to Count Seven a money judgment in the amount of $9,900.00;

       7.      As to Count Eight a money judgment in the amount of$9,810.00;

       8.      As to Count Nine a money judgment in the amount of $10,000.00;

       9.      As to Count Ten a money judgment in the amount of $8,900.00;

       10.     As to Count Eleven a money judgment in the amount of$lO,OOO.OO;

       11.     As to Count Twelve a money judgment in the amount of $9,550.00;

       12.     As to Count Thirteen a money judgment in the amount of$7,000.00;

       13.     As to Count Fourteen a money judgment in the amount of$10,000.00;

       14.     As to Count Fifteen a money judgment in the amount of$10,000.00;

       15.    As to Count Sixteen a money judgment in the amount of $10,000.00;

       16.    As to Count Seventeen a money judgment in the amount of $1 0,000.00;

       17.    As to Count Eighteen a money judgment in the amount of $8, 191.00;

       18.    As to Count Nineteen a money judgment in the amount of $9,994.00;

       19.    As to Count Twenty a money judgment in the amount of $9, 125.00;

       20.    As to Count Twenty One a money judgment in the amount of$9,125.00;


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   Case 3:09-cr-00049-TMR           Document 28         Filed 07/15/2009        Page 18 of 19




           21.   As to Count Twenty Two a money judgment in the amount of$9,125.00;

       22.       As to Count Twenty Three a money judgment in the amount of $8,000.00;

       23.       As to Count Twenty Four a money judgment in the amount of$8,500.02;

       24.	      As to Count Twenty Five a money judgment in the amount of $5,000.00.

                             FORFEITURE ALLEGATION No.3
                               RELATING TO COUNTS 27-34

       Upon conviction of one or more of the offenses alleged in Counts 27 - 34 of the First

Superseding Indictment, the defendant shall forfeit to the United States pursuant to 18 U.S.C. §

981(a)(l)(C) and 28 U.S.C. § 2461(c) any property real or personal, wlllch constitutes or is derived

from proceeds traceable to the violation of 18 U.S.c. § 1341 (Mail Fraud) and 18 U.S.c. § 1343

(Wire Fraud), including but not limited to a money judgment in the amount of the proceeds of the

offense.

                        FORFEITURE ALLEGATIONS NO.1, 2 and 3
                                SUBSTITUTE ASSETS

       If any of the property described above in Forfeiture Allegations No.1, No.2 and No.3, as

a result ofany act or omission ofthe defendants, GREGORY S. CHEW,RICHARD C. CONFER,

JR. and PEGGY J. PIERSON

       (a) cannot be located upon the exercise of due diligence;

       (b) has been transferred or sold to, or deposited with, a third party;

       (c) has been placed beyond the jurisdiction of the court;

       (d) has been substantially diminished in value; or

       (e) has been commingled with other property which cannot be divided without difficulty;

it is the intent of the United States, pursuant to 18 U.S.C. §982(b) and 21 U.S.C. §853(P), to seek


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   Case 3:09-cr-00049-TMR           Document 28            Filed 07/15/2009    Page 19 of 19




forfeiture of any other property of said defendant up to the value of the forfeitable property

described above, including but not limited to the following:

        1.	    A 2006 American Iron horse Outlaw motorcycle, black metallic in color, bearing

               vehicle identification number 5L5SY144161000150, registered to a PEGGY J.

               PIERSON, bearing Ohio License Plate Number 96LEH.

       2.	     A 1991 Acura NSX sports car, black in color, bearing vehicle identification number

               JH4NA1l52MT002323 registered to a PEGGY J. PIERSON, bearing Ohio License

               Plate Number DSV1414.



                                                       A     TRUE      BILL




                                                       FOR {:;E RSON
GREGORY G. LOCKHART
United States Attorney




VIPAL J. PATEL
Deputy Chief, Criminal Division




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