dkw1

Testified

I am writing about my criminal trial many years ago. When this whole debacle first began, I said that if it came to it that I would testify in my own defense. Part of me hoped and prayed it would never come to that, fortunately, as time passed another part of me became stronger, and more realistic about what it was like to be in the criminal justice system. I hated more than I could say that I was in this situation, but I would never be able to live with myself if I hadn’t done everything I could to stand…

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dkw1

The Prosecution Rests

I am telling the story of my criminal prosecution regarding being charged for managing a venture capital fund with others. This blog is a summary of the prosecution’s witnesses. Per their charges, the prosecution was supposed to prove that I was in a conspiracy to launder money. Money laundering is defined as the concealment of the origins of illegally obtained money, typically by means of transfers involving foreign banks or legitimate businesses. A conspiracy is a secret plan by one or more people to do something unlawful and they take some action towards that plan.  We started the trial with the unexpected…

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dkw1

Prosecution Witnesses at My Trial

I am describing the prosecution’s presentation to the Court at my criminal trial.  As hard as it is, I am doing my best to not present a one-sided case. The prosecution had about 10 witnesses at trial who were investors in a Fund that I administrated as part of a five-person committee. None of the witnesses were people I had asked them to invest. Some of them I talked with about their paperwork because that was my job. There were three men from the committee testifying against me. There were a travel agent and banker who testified. There was one…

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dkw1

Freedom and July 4th

Freedom is something I sat and thought about more than ever this year around July 4th. There were more than enough reasons to do so.   I get a bit overwhelmed by how important and fragile freedom has become to me. There was a stretch of time when I was being prosecuted for a crime I didn’t commit that I didn’t feel free, so maybe I’m barely qualified to write about it.  My six-year experience pales in comparison with those who have always been unjustly confined, figuratively, or literally.   Most people that have freedom can’t/don’t truly understand the far-reaching effects of…

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dkw1

To Plead or Not to Plead

Curious, I looked in the dictionary for the definition of a plea.  If it’s unrelated to “law” it is, “a request made in an urgent and emotional manner”. If the definition of “plea” is related to law, a plea is defined as, “a formal statement by or on behalf of a defendant or prisoner, stating guilt or innocence in response to a charge, offering an allegation of fact, or claiming that a point of law should apply”. I contend that a realistic definition of a plea agreement in our criminal justice system falls between these two definitions.   To argue that succumbing to a plea…

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dkw1

Motion to Dismiss Due to Perjured Grand Jury Testimony

We barely found out that our Motion to Dismiss due to the destruction of documents was denied when we learned that Scott, my former Fund III colleague and one of the Government's cooperating witnesses, lied under oath. Scott testified to the Grand Jury to get me charged and now, he had been charged with perjury.  He immediately pled guilty. This development seemed so ironic since Scott was the only one of the Fund III management committee that was offered an immunity deal and all he had to do was tell the truth and cooperate. I was always puzzled by the…

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dkw1

Motion to Dismiss due to Destruction of all Original Business Records

It was a beautiful Saturday morning in the spring of 2005 and under normal circumstances, I would have been out with my three kids going to the park, setting up playdates, exploring and the like, but as hard as I tried nothing felt normal. I was a defendant in a criminal case that I had no idea what things were going to happen and when. At that time, my activities were a juggling act combining me working and playing with the kids as much as I felt I could afford given Court deadlines and projects that my attorney gave me. …

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dkw1

Getting to Know the Government’s Case Against Me

The next series of events in my case included a meeting with the Government, 302's and Brad's (a close friend who was an investor) interview. Criminal charges were brought against me regarding my position as the Fund's administrator. There were five people on the Fund committee plus the owner of the broker-dealer that were all considered part of the Fund. We all worked together but were charged with different crimes, except Brent and I. Stan was the owner of the broker-dealer that sponsored the Fund. Stan had been investigated or charged with many crimes with various companies and personal matters over…

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dkw1

The Investigation, Grand Jury and a True Bill

I hired Dan as my attorney to implore the Government to look at the facts and realize that I was not involved in a crime. Being a target of a Federal investigation began to permeate facets of my life and the investigation phase was now in play.  The Government had grabbed my attention in a way that I never could have imagined and I was more than willing to do whatever I could to show them who I was and what had happened in my role as a Fund administrator. Dan was my shield.  He protected me from myself and…

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dkw1

The Prosecutor’s Call

Becoming a Target It all began with a simple call.  I was sitting at my desk on the third floor of the bank building in downtown Raleigh, NC.  I worked as a trust advisor in the bank’s trust department.  I had been there for a few years. I was good at my job and liked it. The phone rang and I answered it with my typical, professional bank greeting.  I was glad I was sitting down. Mr. Williams announced his name and identified himself as a federal prosecutor. He continued the conversation by stating that I was the target of…

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