Illinois Attorney Sentenced to 18 Months for
OCT 9 -- IL - Rodger A. Heaton, United States Attorney for the Central District of Illinois, announced that Attorney Frank R. Fabbri, III, 62, 3525 Crittendon, St. Louis, Missouri, was sentenced by Senior District Court Judge William D. Stiehl to serve 18 months in prison, pay a fine of $40,000 and make restitution of $36,000 for Failure to File a Form 8300 as required upon receipt of $36,000 in cash.
Fabbri pled guilty on May 30, 2007 and admitted that in November, 2004, his law practice had obtained $36,000 in cash from funds that were part of the proceeds of his client, Edward Trober’s, distribution of marijuana, and Fabbri had not filed the required Form 8300. The cash should have been turned over to the government as part of Trober’s agreement to cooperate.
Fabbri’s client, Edward Trober, had retained Fabbri to represent him in June, 2004. Trober was charged in the Southern District of Illinois with conspiracy to distribute and to possess with intent to distribute 1,000 kilograms of marijuana. Trober, with Fabbri as counsel, signed an agreement to provide complete and truthful information to the government. After signing the agreement, agents from the Drug Enforcement Administration and the Internal Revenue Service Criminal Investigation Division met with Fabbri and his client and informed Fabbri that upon receipt of $10,000 or more in cash, Fabbri had a responsibility to file an IRS Form 8300 (Report of Cash Payment Over $10,000 Received in a Trade or Business). Agents also informed Fabbri that they believed Trober was withholding information about the location of hidden drug proceeds.
At Trober’s direction, members of his family removed drug proceeds which had remained hidden and turned the cash over to Fabbri. On November 12, 2004, Fabbri turned $73,000 in cash over to the United States Attorney’s Office in Fairview Heights, Illinois. Fabbri represented that $73,000 was the full amount that had been hidden. However, records from Fabbri’s office showed receipt of $36,000 in November, 2004, on behalf of Edward Trober. Fabbri admitted that the $36,000 was part of the drug proceeds which had been turned over to him by the Trober family. He did not file a Form 8300, which requires that the filer identify the source of $10,000 or more in cash.
On April 14, 2005, Trober, represented by other counsel, pled guilty to conspiracy to distribute marijuana and a $20 million forfeiture judgment was entered against him. Fabbri’s restitution will be credited to Trober’s forfeiture fund, as the $36,000 in cash Fabbri took in November, 2004, should have been turned over to the government forfeiture in November, 2004, when Fabbri turned over $73,000 in cash.
The case was investigated by the Drug Enforcement Administration and the Internal Revenue Service, Criminal Investigations Division