PENSACOLA, FL—A federal grand jury has
returned four indictments charging residents of Northwest Florida with filing
fraudulent claims with the trust fund established for Gulf Coast oil spill
victims. The grand jury’s indictments charge Daniel Marlow, 45, of Panama City,
Florida; Jakima T. McCorvey, 36, and April McKinney, 31, both of Pensacola; and
Dana Dias, 49, of Destin, Florida. The indictments were announced today by
Pamela C. Marsh, U.S. Attorney for the Northern District of Florida.
The indictment charging Marlow alleges
that, in September 2010, Marlow submitted a fraudulent claim to the Gulf Coast
Claims Facility, claiming lost earnings as a result of the Deepwater Horizon oil
spill. According to the indictment, Marlow submitted documentation claiming
that he lost work at Sharky’s Beachfront Restaurant and Tiki Bar as a result of
the oil spill, when, in fact, Marlow was no longer employed at Sharky’s at the
time of the spill. The indictment charges Marlow with wire fraud for his
fraudulent claim. If convicted, he faces up to 20 years in prison, five years
of supervised release, a fine of $250,000, and restitution. Marlow is scheduled
for jury trial in Panama City before U.S. District Judge Richard Smoak on July
23, 2012.
The indictment charging McCorvey alleges
that, between October and December 2010, McCorvey submitted multiple fraudulent
claims to the Gulf Coast Claims Facility, claiming lost earnings as a result of
the Deepwater Horizon oil spill. According to the indictment, McCorvey
submitted a fraudulent letter from Howard Johnson Hotel claiming that she had
worked as a housekeeper at Howard Johnson, when, in fact, McCorvey did not work
for the hotel. The indictment charges McCorvey with both mail fraud and wire
fraud for her fraudulent claims. If convicted, McCorvey faces up to 20 years in
prison, five years of supervised release, a $250,000 fine, and restitution on
each count. McCorvey is scheduled for jury trial in Pensacola before Senior
U.S. District Judge Lacey Collier on September 4, 2012.
The indictment charging McKinney alleges
that, in October 2010, McKinney submitted a fraudulent business claim to the
Gulf Coast Claims Facility, claiming lost earnings as a result of the Deepwater
Horizon oil spill. According to the indictment, McKinney misrepresented the
extent to which she earned income from her cleaning business and the effect the
oil spill had on her opportunities for work. The indictment charges McKinney
with mail fraud for her fraudulent claim. If convicted, she faces up to 20
years in prison, five years of supervised release, a $250,000 fine, and
restitution. McKinney is scheduled for jury trial in Pensacola before Senior
U.S. District Judge Lacey Collier on August 6, 2012.
The indictment charging Dias alleges
that, in October 2010, Dias submitted a fraudulent claim to the Gulf Coast
Claims Facility, claiming lost earnings as a result of the Deepwater Horizon
oil spill. According to the indictment, Dias submitted documentation claiming
that he lost income as a manager at Dollar General as a result of the spill and
that he was employed during 2009 by Extended Stay American Hotels, when, in
fact, Dias was not a manager at Dollar General prior to the oil spill and had
not been an employee during 2009 with Extended Stay American Hotels. The
indictment charges Dias with wire fraud for his fraudulent claim. If convicted,
he faces up to 20 years in prison, three years of supervised release, a
$250,000 fine, and restitution. Dias is scheduled for jury trial in Pensacola
before Chief U.S. District Judge Casey Rodgers on August 6, 2012.
An indictment is merely an allegation by
a grand jury that a defendant has committed a violation of federal criminal law
and is not evidence of guilt. All defendants are presumed innocent and entitled
to a fair trial, during which it will be the government’s burden to prove guilt
beyond a reasonable doubt at trial.
Updates
on Previous Indictments
The indictments of three other
Floridians were announced in February of this year for fraudulent claims made
in 2010, following the aftermath of the Deepwater Horizon oil spill. All three
defendants have since pleaded guilty. One has been sentenced and two others
await sentencing later this summer.
Gabrielle Sawyer, 26, of Pensacola, was
indicted last year for mail fraud and tampering with a witness. On March 26,
2012, Sawyer appeared before Senior U.S. District Judge Lacey A. Collier and
pleaded guilty to both counts. In pleading guilty, Sawyer admitted that she
submitted a fraudulent claim to the Gulf Coast Claims Facility, falsely
claiming lost earnings at local convenience store. Sawyer further admitted to
attempting to convince a witness to testify falsely before the grand jury after
Sawyer learned she was being investigated. On June 12, 2012, Sawyer was
sentenced to serve 12 months in prison, followed by three years of supervised
release.
Jennifer J. Lee, 39, of Destin, was
indicted last year for wire fraud as a result of her fraudulent Gulf Coast
Claims Facility claim. On May 2, 2012, Lee pleaded guilty. In pleading guilty,
Lee admitted that she submitted a fraudulent claim to the Gulf Coast Claims
Facility, falsely claiming that she lost earnings at South Bay Ace Hardware
& Lumber Company due to the oil spill. Lee faces up to 20 years in prison,
five years’ supervised release, and a $250,000 fine. She will be sentenced by
Chief U.S. District Court Judge M. Casey Rodgers on a date to be announced by
the Court.
Robert Thayer, 38, of Santa Rosa Beach,
Florida, was indicted for wire fraud as a result of his fraudulent Gulf Coast
Claims Facility claim. On May 2, 2012, Thayer pleaded guilty. In pleading
guilty, Thayer admitted that he submitted a fraudulent claim to the Gulf Coast
Claims Facility, falsely claiming that he lost earnings at Destin West Resort
due to the oil spill. Thayer faces up to 20 years in prison, five years’
supervised release, and a $250,000 fine. He will be sentenced by Chief U.S.
District Court Judge M. Casey Rodgers on August 14, 2012.
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