Case 3:16-cr-01545-BEN Document 77 Filed 11/21/16 Page 1 of 4

FILED

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NOV 2 i 2016

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SOUT
BY

,S. DISTRICT COURT

STRICT OF CALIFORNIA
/____
DEPUTY

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Criminal Case No. 16CR1545-BEN

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Plaintiff,

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VERDICT
v.
JEFFREY R. SPANIER,
Defendant.

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We, the jury, in the above entitled cause, find the defendant JEFFREY R. SPANIER:
Count 1 - Conspiracy

(Sd)^Ti

of the offense of Conspiracy to commit Mail Fraud, Wire Fraud

19 and/or Securities Fraud, in violation of 18 U.S.C. 371, as charged in Count 1.

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Counts 2-7 - Mail Fraud

feotcrj

of the offense of Mail Fraud and Aiding and Abetting, in

22 violation of 18 U.S.C. 1341 and 2, as related to the mailing caused on or about

23 February 25,2010, from S.W. in Beachwood, Ohio to Argyll in San Diego, California, that
24 included a check, as charged in Count 2.
Q o f t-TY
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of the offense of Mail Fraud and Aiding and Abetting, in
26 violation of 18 U.S.C. 1341 and 2, as related to the mailing caused on or about
27 August 26, 2010, from S.W. in Beachwood, Ohio to Argyll in San Diego, California, that
28 included a check, as charged in Count 3.

Case 3:16-cr-01545-BEN Document 77 Filed 11/21/16 Page 2 of 4

701 l'tY

of the offense of Mail Fraud and Aiding and Abetting, in

2 violation of 18 U.S.C. 1341 and 2, as related to the mailing caused on or about

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October 7, 2010, from K.Y. in San Mateo, California to Argyll in San Diego, California,

4 that included a check, as charged in Count 4.

fiot cry

of the offense of Mail Fraud and Aiding and Abetting, in

6 violation of 18 U.S.C. 1341 and 2, as related to the mailing caused on or about

7 January 5, 2011, from K.Y. in San Mateo, California to Argyll in San Diego, California,

8 that included a check, as charged in Count 5.

<~>u t cry

of the offense of Mail Fraud and Aiding and Abetting, in

10 violation of 18 U.S.C. 1341 and 2, as related to the mailing caused on or about

11 February 8, 2011, from T.P. in Cottonwood, Arizona to Argyll in San Diego, California,
12 that included a check, as charged in Count 6.

Go\crl

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of the offense of Mail Fraud and Aiding and Abetting, in

14 violation of 18 U.S.C. 1341 and 2, as related to the mailing caused on or about

March

15 28, 2011, from F.B. in San Diego, California to Argyll in San Diego, California, that
16 included a promissory note, as charged in Count 7.
Counts 8-13,15,16 - Wire Fraud

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of the offense of Wire Fraud and Aiding and Abetting, in

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19 violation of 18 U.S.C. 1343 and 2, as related to the wire caused on or about

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December

10, 2009, from SW Argyll, BofA Acct. #0526 in San Diego, California to addressee

21 Amerifund, Iberia Bank Acct. #0663 (formerly Sterling Bank) in Delray, Florida, that
22 included a wire transfer in the amount of $410,977.00, as charged in Count 8.

cry

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of the offense of Wire Fraud and Aiding and Abetting, in

24 violation of 18 U.S.C. 1343 and 2, as related to the wire caused on or about

25 April 9, 2010, from SW Argyll, BofA Acct. #3952 in San Diego, California, to Amerifund,
26 Iberia Bank Acct. #0663 (formerly Sterling Bank) in Delray, Florida, that included a wire
27 transfer in the amount of $425,000, as charged in Count 9.

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//

Verdict Form

16CR1545-BEN

Case 3:16-cr-01545-BEN Document 77 Filed 11/21/16 Page 3 of 4

?o f l 7-y

of the offense of Wire Fraud and Aiding and Abetting, in

2 violation of 18 U.S.C. 1343 and 2, as related to the wire caused on or about

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May

18, 2010, from SW Argyll, BofA Acct. #3952 in San Diego, California, to Amerifund,

4 Iberia Bank Acct. #2968 (formerly Sterling Bank) in Delray, Florida, that included a wire
5 transfer in the amount of $402,892.80, as charged in Count 10.
6

l Cry

of the offense of Wire Fraud and Aiding and Abetting, in

7 violation of 18 U.S.C. 1343 and 2, as related to the wire caused on or about

June

8 24, 2010, from SW Argyll, BofA Acct. #3952 in San Diego, California, to Amerifund,
9 Iberia Bank Acct. #2968 (formerly Sterling Bank) in Delray Beach, Florida, that included
10 a wire transfer in the amount of $338,910, as charged in Count 11.
of the offense of Wire Fraud and Aiding and Abetting, in

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12 violation of 18 U.S.C. 1343 and 2, as related to the wire caused on or about

13 April 14, 2011, from SW Argyll, BofA Acct. #3952 in San Diego, California, to
14 Amerifund, Iberia Bank Acct. #2968 (formerly Sterling Bank) in Delray Beach, Florida,
15 that included a wire transfer in the amount of $26,250, as charged in Count 12.
16

ry

of the offense of Wire Fraud and Aiding and Abetting, in

17 violation of 18 U.S.C. 1343 and 2, as related to the wire caused on or about

18 April 15, 2011, from SW Argyll, BofA Acct. #3952 in San Diego, California, to
19 Amerifund, Iberia Bank Acct. #2968 (formerly Sterling Bank) in Delray Beach, Florida,
20 that included a wire transfer in the amount of $43,750, as charged in Count 13.

Got cry

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of the offense of Wire Fraud and Aiding and Abetting, in

22 violation of 18 U.S.C. 1343 and 2, as related to the wire caused on or about

23 May 11,2011, from SW Argyll, BofA Acct. #3952 in San Diego, California, to Amerifund,
24 Iberia Bank Acct. #2968 (formerly Sterling Bank) in Delray Beach, Florida, that included
25 a wire transfer in the amount of $65,915, as charged in Count 15.
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//

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//
Verdict Form

16CR1545-BEN

Case 3:16-cr-01545-BEN Document 77 Filed 11/21/16 Page 4 of 4

{So/l ry

of the offense of Wire Fraud and Aiding and Abetting, in

2 violation of 18 U.S.C. 1343 and 2, as related to the wire caused on or about

3 May 11,2011, from SW Argyll, BofA Acct. #3952 in San Diego, California, to Amerifund,
4 Iberia Bank Acct. #2968 (formerly Sterling Bank) in Delray Beach, Florida, that included
5 a wire transfer in the amount of $158,196.24, as charged in Count 16.
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Count 19 - Securities Fraud

&Ot L T-f

of the offense of Securities Fraud and Aiding and Abetting, in

8 violation of 15 U.S.C. 78j(b) and 78ff, as charged in Count 19.

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10 DATED: 2A-tV'CMZo (j,
San Diego, California

FOREPERSON OF THE JURY

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Verdict Form

16CR1545-BEN

Case 3:16-cr-01545-BEN Document 78 Filed 11/21/16 Page 1 of 3

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FILED

NOV 2 I 91)16
CLEfi
SOUTHED
BY

yR'crOEbAUFORMA

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deputy

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

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Plaintiff,

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SPECIAL VERDICT FORM

FOR FORFEITURE

v.

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Criminal Case No. 16CR1545-BEN

JEFFREY R. SPANIER,

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Defendant.

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We, the jury, in the above entitled cause, return the following special verdicts as to

18 defendant JEFFREY R. SPANIER, with regard to the forfeiture of properties set forth in
19 the indictment more specifically described as:
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Real Property

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The real property located at 16013 DAlene Drive, Delray Beach, Florida, 33446,

22 and all appurtenances affixed thereto. The real property is more particularly described as:
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PROPERTY ID. NO.: 00-42-46-20-16-000-0020

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Lot 2, DELRAY TRAINING CENTER P.U.D. - PARCEL B, according to the map

25 or plat thereof, as recorded in Plat Book 86, Page 157, of the Public Records of Palm Beach

26 County, Florida.
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//

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//

Case 3:16-cr-01545-BEN Document 78 Filed 11/21/16 Page 2 of 3

Financial Accounts at Wachovia Bank

All monies, funds and credits in Wachovia Bank Account xxxxxxxx6242, in the

3 name of Amerifund Capital Finance, LLC.

All monies, funds and credits in Wachovia Bank Account xxxxxxxxx7113, in the

5 name of Jeffrey Spanier.

All monies, funds and credits in Wachovia Bank Account xxxxxxxxx6481, in the

7 name of Regina Spanier.

Financial Accounts at Iberia Bank

All monies, funds and credits in IberiaBank (formerly Sterling Bank) Account

10 xxxxxx0663, in the name of Amerifund Capital Finance, LLC.

All monies, funds and credits in IberiaBank (formerly Sterling Bank) Account

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12 xxxxxx2968, in the name of Amerifund Capital Finance LLC.

1.

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We the jury, unanimously find by a preponderance of the evidence that the

14 United States has established the nexus between the properties and offenses of conviction
15 and find that said properties constitute or are derived from proceeds traceable to
16 conspiracy, mail fraud, wire fraud, and securities fraud in violation of Titles 18, United
17 States Code, Sections 371, 1341, 1343, and Title 15, United States Code, Sections 78j(b)
18 and 78ff as set forth in Counts 1 through 19 for which the defendant has been convicted:
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Real Property

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The real property located at 16013 DAlene Drive, Delray Beach, Florida, 33446,

21 and all appurtenances affixed thereto. The real property is more particularly described as:
PROPERTY ID. NO.: 00-42-46-20-16-000-0020

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23 Lot 2, DELRAY TRAINING CENTER P.U.D. - PARCEL B, according to the map or plat
24 thereof, as recorded in Plat Book 86, Page 157, of the Public Records of Palm Beach
25 County, Florida.

Yes

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//

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//
Special Verdict Form

No

16CR1545-BEN

Case 3:16-cr-01545-BEN Document 78 Filed 11/21/16 Page 3 of 3

Financial Accounts at Wachovia Bank

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All monies, funds and credits in Wachovia Bank Account xxxxxxxx6242, in the

3 name of Amerifund Capital Finance, LLC.

Yes

No

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All monies, funds and credits in Wachovia Bank Account xxxxxxxxx7113, in the

7 name of Jeffrey Spanier.

Yes

No

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All monies, funds and credits in Wachovia Bank Account xxxxxxxxx6481, in the

11 name of Regina Spanier.

No

Yes

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Financial Accounts at Iberia Bank

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All monies, funds and credits in IberiaBank (formerly Sterling Bank) Account

16 xxxxxx0663, in the name of Amerifund Capital Finance, LLC.

No

Yes

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All monies, funds and credits in IberiaBank (formerly Sterling Bank) Account

20 xxxxxx2968, in the name of Amerifund Capital Finance LLC.

Yes

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No

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XL

23 DATED: 2)
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San Diego, California

FOREPERSON OF THE JURY

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Special Verdict Form

16CR1545-BEN

Case 3:16-cr-01545-BEN Document 79 Filed 11/28/16 Page 1 of 2

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TIMOTHY A. SCOTT
California Bar No. 215074
LAW OFFICES OF TIMOTHY A. SCOTT, APC
1350 Columbia Street, Suite 600
San Diego, California 92101
Telephone: (619) 794-0451
Facsimile: (619) 652-9964
email: tscott@timscottlaw.com
Attorneys for Jeffrey Spanier

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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HONORABLE ROGER T. BENITEZ

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United States of America,

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Plaintiff,

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vs.

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Jeffrey Spanier,

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Defendant.

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) Case No.: 16cr1545-BEN
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) Acknowledgment of Surety
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I, Raisa Braunshtein, declare as follows under penalty of perjury:

1. I am the surety for the $100,000 cash bond posted in this matter.
2. I have been made aware that defendant Jeffrey Spanier has been convicted in
this case and that the Court has allowed him to remain on bond pending
sentencing in this matter.

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Case 3:16-cr-01545-BEN Document 79 Filed 11/28/16 Page 2 of 2

Case 3:16-cr-01545-BEN Document 79-1 Filed 11/28/16 Page 1 of 1

CERTIFICATE OF SERVICE

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I hereby certify that I am over the age of eighteen and am not a party to this

action. On todays date, I filed a true and correct copy of the attached document

through this Courts Electronic Filing System (ECF), and the system indicated that

the filing had been received successfully. By virtue of the ECF system, the AUSA

assigned to this case and all interested parties were served electronically upon

filing of this document.

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I declare under penalty of perjury that the foregoing is true and correct,
dated: November 28, 2016.

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s/ Timothy A. Scott

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TIMOTHY A. SCOTT

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Attorney at Law

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