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United States of America v. Brian Hollnagel

August 19, 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,



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

Defendants.

MEMORANDUM OPINION AND ORDER

Pursuant to Federal Rule of Criminal Procedure 12(b)(3)(B), Defendant Brian Hollnagel ("Hollnagel") and Defendant BCI Aircraft Leasing, Inc. ("BCI") have filed a motion to dismiss Counts Two through Eleven of the Superseding Indictment as duplicitous. Specifically, Hollnagel and BCI allege that these counts are duplicitous because they fail to charge Defendants with participating in one unitary scheme.*fn1 For the reasons discussed below, the Court denies the motion.

BACKGROUND

On September 8, 2010, a grand jury returned a twenty-one count superseding indictment (the "Superseding Indictment") naming seven individual defendants -- Brian Hollnagel, Craig Papayanis, Jason R. Hyatt, William Hatamyar, Jeffrey Meyer, Martin Collier, Robert Carlsson -- and one corporate defendant, BCI Aircraft Leasing, Inc. The Superseding Indictment charges wire fraud, in violation of 18 U.S.C. § 1343 (counts one through eleven); false statements in connection with an application to obtain a loan and 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); and perjury, in violation of 18 U.S.C. § 1623 (count eighteen). The sixty-five page Superseding Indictment also contains forfeiture allegations.

Defendants' motion pertains to Counts Two through Eleven of the Superseding Indictment. 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 Two 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

II Wire Fraud-violating Hollnagel $1,200

18 USC 1343 § 2 BCI

Papayanis Meyer December 1, 2005

III Wire Fraud-violating Hollnagel $1,100

18 USC 1343 § 2 BCI

Papayanis Meyer February 2, 2006

IV Wire Fraud-violating Hollnagel $294,500

18 USC 1343 § 2 BCI

Papayanis September 28, 2005

V Wire Fraud-violating Hollnagel $80,000

18 USC 1343 § 2 BCI

Papayanis January 13, 2006

VI Wire Fraud-violating Hollnagel $500,000

18 USC 1343 § 2 BCI

Papayanis Hyatt October 25, 2005

VII Wire Fraud-violating Hollnagel $300,000

18 USC 1343 § 2 BCI

Papayanis Hyatt September 27, 2005

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

18 USC 1343 § 2 BCI of 2004-6 Investments

September 6, 2007

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

18 USC 1343 § 2 BCI

Collier September 17, 2007

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

18 USC 1343 § 2 BCI

Hatamyar July ...


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