US v. James O’Rourke, et al. & US v. Sean Rosales

Most recent update 7/11/13

7/11/13:Upon a motion filed by the defendant, the Court continued the sentencing hearing for Kerry Michael Deevy to August 13, 2013, at 10 am, in the Federal Courthouse in Miami.

4/11/13: On March 20, Sean Rosales pled guilty to one count of the indictment pending against him, charging conspiracy to commit mail and wire fraud. The Court set a sentencing hearing for 11 am on May 20, 2013, before Judge Ursula Ungaro at the Federal Courthouse in Miami. For more information, see the press release dated March 20, 2013.

On April 11, 2013, Kerry Michael Deevy pled guilty to 13 counts of the indictment pending against him, including conspiracy to commit mail and wire fraud. The Court set a sentencing hearing for 10 am on July 15, 2013, before Judge Patricia A. Seitz at the Federal Courthouse in Miami. For more information, see the press release dated April 11, 2013.

11/20/12: On November 29, 2011, a federal grand jury in Miami, Florida, returned a 19-count indictment charging conspiracy, mail fraud and wire fraud against James O’Rourke, John White, and Kerry Michael Deevy. The grand jury also returned a separate 21-count indictment against Sean Rosales. The indictments allege that from 2005 through 2008 (in the case of Rosales) and 2009 (in the case of O’Rourke, White, and Deevy), the defendants and others conspired to sell fraudulent business opportunities to U.S. citizens. Charges in an indictment are only allegations, and the defendants are presumed innocent unless and until proven guilty.

In February 2012, White and Deevy were arrested in Costa Rica on the charges in this matter. The United States has requested White’s extradition to this country. Deevy was extradited to the United States and made his initial appearance before the Court in Miami on July 23, 2012. For additional information, see the Department of Justice press release dated Feb. 13, 2012.

Trial in Deevy’s case originally was set to begin on October 22, 2012. On September 21, 2012, Deevy filed a motion to continue trial. The Court granted that motion and set trial to start during the two-week trial period beginning February 11, 2013. On January 15, 2013, Deevy filed a second motion to continue trial, which the Court also granted. Trial in Deevy’s case is now set to start during the two-week trial period that begins April 22, 2013.

On December 18, 2012, Rosales was arrested at Chicago O’Hare International Airport. Rosales is in custody and is in the process of being transferred to the Southern District of Florida.