Independent Counsel Julie F. Thomas
in Re: Madison Guaranty Savings & Loan
(appointed March 12, 2002)
Status of Investigation as of April 4, 2001
TABLE A
INDICTMENTS, PROSECUTIONS AND CONVICTIONS
| NAME | ACTION/DATE | CHARGES | DISPOSITION |
|---|---|---|---|
| David Hale | Indictment 9/23/93Superseding Indictment 2/17/94Superseding Information 3/22/94 | Four Felony Counts: Conspiracy; False Statements.Four Felony Counts: Conspiracy; False Statements.Two Felony Counts: Conspiracy; Mail Fraud. | Guilty Plea on 3/22/94. Sentenced 3/25/96: 28 months imprisonment; 3 years supervised release; $10,000 fine; restitution $2,040,000; $100 special assessment (2/6/98 — sentence reduced to time served and fine abated). |
| Charles Matthews | Indicted 9/23/93Superseding Indictment 2/17/94Superseding Information 6/23/94 | Two Felony Counts: Conspiracy.One Felony Count: Conspiracy.Two Misdemeanor Counts: Bribery. | Guilty Plea on 6/23/94. Sentenced 1/3/95: 16 months imprisonment; one year of supervised release; $7,500 fine; $25 special assessment. |
| Eugene Fitzhugh | Indicted 9/23/93Superseding Indictment 2/17/94Superseding Information 6/23/94 | Two Felony Counts: Conspiracy.One Felony Count: Conspiracy.One Misdemeanor Count: Bribery. | Guilty Plea on 6/23/94. Sentenced 10/22/96: 10 months imprisonment – first five months in a halfway house or medical facility and final five months on home detention; 1 year supervised release; $3,000 fine; $25 special assessment. |
| Robert W. Palmer | Information 12/5/94 | One Felony Count: Conspiracy. | Guilty Plea on 12/5/94. Sentenced 6/16/95: 3 years probation – first year home detention; $5,000 fine. |
| Webster L. Hubbell | Information 12/6/94 | Two Felony Counts: Mail Fraud; Tax Evasion. | Guilty Plea on 12/6/94. Sentenced 6/23/95: 21 months imprisonment, followed by 3 years supervised release; restitution of $135,000; 48 hours of community service at ADC. |
| Neal T. Ainley | Indictment 2/28/95Superseding Information 5/2/95 | Five Felony Counts: Conspiracy, Failure to File Currency Transaction Reports, False Entries, and False Statements.Two Misdemeanor Counts: Willfully delivering/disclosing fraudulent document. | Guilty Plea on 5/2/95. Sentenced: 1/18/96; 2 years probation; first year 8 hours per week community service; $1,000 fine; $50 special assessment. |
| Christopher V. Wade | Information 3/21/95 | Two Felony Counts: Bankruptcy Fraud/False Applications and Certifications to Financial Institution. | Guilty Plea on 3/21/95. Sentenced 12/1/95: 15 months imprisonment; 3 years supervisory release; $3,000 fine; $100 special assessment. |
| William J. Marks, Sr. | Indictment 6/7/95Superseding Information 8/28/97 | Three Felony Counts: Conspiracy to Defraud SBA, False Statements, Conspiracy to Defraud IRS.One Felony Count: Conspiracy to Defraud U.S. | Guilty Plea on 8/28/97. Sentenced 5/18/98: 4 years supervisory probation; 4 hours community service per week for 4 years; $1,000,000 restitution; $6,000 fine; $50 special assessment. |
| Jim Guy Tucker | Indictment 6/7/95Superseding Information 2/20/98 | Three Felony Counts: Conspiracy to Defraud SBA, False Statements, Conspiracy to Defraud IRS.One Felony Count: Conspiracy to Defraud U.S. | Guilty Plea on 2/20/98. Sentenced 5/17/99: restitution of $1,000,000; 4 years probation (4 hours per week of community service); fine of $6,000; $50 special assessment. On 7/3/00, the restitution was remanded to district court. On 12/1/00 resentencing was deferred. |
| John Haley | Indictment 6/7/95Superseding Information 2/20/98 | One Felony Count: Conspiracy to Defraud IRS.One Misdemeanor Count: Aiding and Abetting Others in Willful Failure to Supply Information to IRS. | Guilty Plea 2/20/98. Sentenced 8/20/98: 3 years supervised probation; 8 hours community service per week for 3 years; $40,000 restitution; $30,000 fine. |
| Stephen A. Smith | Information 6/8/95 | One Misdemeanor Count: Conspiracy. | Guilty Plea on 6/8/95. Sentenced 7/12/96: One year probation; 100 hours community service; $1,000 fine; $25 special assessment. |
| Larry Kuca | Information 7/13/95 | One Misdemeanor Count: Conspiracy. | Guilty Plea on 7/13/95. Sentenced 10/11/95: 2 years probation; 80 hours community service; restitution to SBA of $65,862; $25 special assessment. |
| Jim Guy Tucker | Indictment 8/17/95Trial 3/4/96Verdict 5/28/96 | Eleven Felony Counts: Conspiracy, Wire Fraud, Bank Fraud, Mail Fraud, Misapplication of Funds, False Entries in SBA Reports, False Statements. | Guilty Verdict on two counts: Conspiracy and Mail Fraud (not guilty on Wire Fraud, Bank Fraud, and Misapplication of Funds). Sentenced 8/19/96: 4 years probation (18 months home detention); community service; restitution to SBA of $150,000 plus interest; $25,000 fine. On 2/23/98, 8th Circuit remanded for further hearing on juror misconduct issue. Denied by district court 2/17/99, affirmed by 8th Circuit on 2/27/01. Motion to vacate sentence filed 8/17/00. |
| James B. McDougal | Indictment 8/17/95Trial 3/4/96Verdict 5/28/96 | Nineteen Felony Counts: Conspiracy, Wire Fraud, Bank Fraud, Mail Fraud, Misapplication of Funds, False Statements, False Entries in SBA Report. | Guilty Verdict on eighteen counts (not guilty on one Mail Fraud charge). Sentenced 4/14/97: 3 years imprisonment; 3 years probation after prison (1st year home detention); restitution to SBA and FDIC, if able, of $4,274,301; $10,000 fine; $900 special assessment. Died on 3/8/98. /i> |
| Susan H. McDougal | Indictment 8/17/95Trial 3/4/96Verdict 5/28/96 | Eight Felony Counts: Conspiracy, Wire Fraud, Mail Fraud, False Entries in SBA Report, Misapplication of Funds, False Statements. | Guilty Verdict on four counts: Mail Fraud, Misapplication of Funds, False Entries in SBA Report, False Statements. Sentenced 8/20/96: 24 months imprisonment; 3 years probation following prison; 104 hours community service each year; $5,000 fine; restitution of $300,000 plus interest to SBA. Conviction affirmed; jailed on contempt of court charges 9/9/96. Appeal on contempt denied. Commenced sentence 3/8/98. Sentence reduced to time served 6/25/98. |
| Webster L. Hubbell | Indictment 11/13/98 | Fifteen Felony Counts: Impede the FDIC & RTC; Fraud; False Statements to FDIC; False Statements to RTC; Perjury; Mail Fraud. | Guilty Plea to Count One entered 6/30/99, to scheme to conceal material facts from FDIC and RTC under 18 U.S.C.ยง 1001. Sentenced to one year of probation; $100 special assessment. |