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United States of America v. Brian Hollnagel

August 5, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BRIAN HOLLNAGEL, BCI AIRCRAFT LEASING, INC., CRAIG PAPAYANIS, JASON R. HYATT, WILLIAM HATAMYAR, JEFFREY MEYER, MARTIN COLLIER, AND ROBERT CARLSSON, DEFENDANTS.



The opinion of the court was delivered by: Amy J. St. Eve, District Court Judge:

MEMORANDUM OPINION AND ORDER

Defendants Brian Hollnagel, BCI Aircraft Leasing, Inc. ("BCI"), Craig Papayanis, William Hatamyar, Martin Collier, and Robert Carlsson*fn1 have moved to sever certain counts and defendants in the multi-count Superseding Indictment in this case under both Rules 8(b) and 14 of the Federal Rules of Criminal Procedure. Defendants argue that one trial involving all the Defendants and the 21 counts as charged in the Superseding Indictment would create a serious risk of depriving each Defendant of a fair trial. For the reasons discussed in detail below, Defendant Hollnagel's and BCI's motion to sever is granted in part and denied in part, Defendant Papayanis's Motion to sever is granted as to Counts Twenty and Twenty-One and denied as to the other arguments, Defendant Hatamyar's motion to sever and for relief from misjoinder is denied, Defendant Collier's motion to sever is denied in part and denied in part without prejudice, and Defendant Carlsson's motion to sever is denied and denied in part without prejudice as to Counts 16 and 17. The government must file its Bruton submission on or before October 17, 2011. Defendants' response is due on or before October 31, 2011. The Court hereby severs Counts Twenty and Twenty-One of the Superseding Indictment.

BACKGROUND

On September 8, 2010, the grand jury returned a twenty-one count superseding indictment in this case, charging eight defendants with wire fraud, in violation of 18 U.S.C. § 1343 (counts one through eleven); false statements in connection with an application to obtain a line of credit, in violation of 18 U.S.C. § 1014 (count twelve); bribery or attempted bribery in an attempt to influence the business and transactions of Bridgeview Bank, in violation of 18 U.S.C. § 215(a)(1) (counts thirteen and fourteen); obstruction of justice, in violation of 18 U.S.C. § 1512 (counts fifteen through seventeen, and nineteen); perjury, in violation of 18 U.S.C. § 1623 (count eighteen); and tax violations, in violation of 26 U.S.C. § 7206(1) (counts twenty and twenty-one). The sixty-five page superseding indictment also contains forfeiture allegations.

Specifically, Count One charges Defendant Hollnagel with engaging in a scheme to defraud with Brian Olds and others. It alleges that from in or about 2004 until at least March 11, 2005, Defendant Hollnagel devised and participated in a scheme to defraud AAR Corp. ("AAR") with Brian Olds, a Group Vice President of AAR, through bribe payments to ensure, in part, AAR's purchase from BCI of commercial airplanes then under lease to US Airways. Count Two charges Defendants Hollnagel, BCI Aircraft, Papayanis, Hyatt, Hatamyar, Meyer, and Collier with a long-term scheme to defraud investors and financial institutions of money and property through, among other things, bribe payments to obtain loans, misrepresentations regarding investments, misappropriation of money raised for particular purposes, commingling of funds, and concealment efforts, including the creation and production of allegedly fraudulent court-ordered accountings and the deletion of data from hard drives that had been subpoenaed by the Securities and Exchange Commission ("SEC"). Count Two alleges a long-term fraudulent financing scheme to defraud investors, financial institutions, and others from 2000 to mid February 2009.

Counts Three through Eleven charge separate wire transactions in furtherance of the fraud scheme charged in Count Two. These counts are summarized as follows:

Count Number Charge Defendants Date/Contents of Wire Transaction

Charged

Two Wire Fraud-violating Hollnagel $1,200

18 USC 1343 § 2 BCI

Papayanis December 1, 2005 Meyer

Three Wire Fraud-violating Hollnagel $1,100

18 USC 1343 § 2 BCI

Papayanis February 2, 2006 Meyer

Four Wire Fraud violation of Hollnagel $294,500

18 USC 1343 § 2 BCI

Papayanis September 28, 2005

Five Wire Fraud-violation Hollnagel $80,000

18 USC 1343 § 2 BCI

Papayanis January 13, 2006

Six Wire Fraud-violating Hollnagel $500,000

18 USC 1343 § 2 BCI

Papayanis October 25, 2005 Hyatt

Seven Wire Fraud -violating Hollnagel $300,000

18 USC 1343 § 2 BCI

Papayanis September 27, 2005 Hyatt

Eight Wire Fraud-violating Hollnagel Email Analysis of 2004-5 Investments & Analysis

18 USC 1343 § 2 BCI of 2004-6 Investments

September 6, 2007

Collier

Nine Wire Fraud-violating Hollnagel Email Amended Analysis of 2004-5 Investments

18 USC 1343 § 2 BCI

Collier September 17, 2007

Ten Wire Fraud-violating Hollnagel $1,182,400.67

18 USC 1343 § 2 BCI

Hatamyar July 8, 2005

Eleven Wire Fraud -violating Hollnagel $67,599.33

18 USC 1343 § 2 BCI

Hatamyar July ...


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