FOR IMMEDIATE RELEASE:
THURSDAY - May 19, 2011
WOMAN INVOLVED IN ELABORATE MAIL FRAUD SCHEME
IS SENTENCED TO FEDERAL PRISON
RALEIGH - United States Attorney George E.B. Holding announced that in federal court yesterday United States District Judge Terrence W. Boyle sentenced CYNTHIA DENISE SPIVEY, 56, of Lumberton, North Carolina, to 22 months’ imprisonment followed by two years’ supervised release.
A Superseding Information was filed on February 17, 2011, charging SPIVEY with conspiring to commit mail fraud, in violation of Title 18, United States Code, Section 371. That same day she pled guilty to the charge.
According to the Superseding Information, from approximately July, 2009, to June, 2010, SPIVEY began receiving boxes of counterfeit corporate checks and money orders via United States Mail at her Lumberton, North Carolina, residence. The “pay to the order of” line of the checks was blank at the time the checks were delivered to SPIVEY.
SPIVEY corresponded with co-conspirators at an entity called Mend Fabrics who instructed SPIVEY on what names to write as payees on the counterfeit instruments and where to mail the counterfeit instruments.
The Superseding Information further alleges that SPIVEY then mailed the counterfeit instruments to numerous payees at various addresses throughout the United States which had been provided by co-conspirators. Enclosed in the mailings, SPIVEY included instructions to the payees on who to contact to obtain further instructions on what to do with the counterfeit instruments.
In return for receiving and converting the counterfeit instruments, the payees were informed that they could deduct a small transaction fee from the cashed funds and were led to believe they were receiving genuine checks and performing a lawful service. However, the payees were not performing a lawful service, and did not receive genuine checks and money orders. Since the payees often wired funds to Nigeria prior to the discovery of the counterfeit nature of the instruments, the payees and banks suffered losses in the amount of the wired funds.
For SPIVEY’s participation in the scheme, she received a weekly stipend from Mend Fabrics via Western Union in the amount of approximately $200. At the time of a search of her residence on June 2, 2010, SPIVEY was found in possession of more than $378,000 in counterfeit instruments. The investigation showed that SPIVEY engaged in some 513 different mailings of counterfeit instruments totaling more than $1.2 million. It is currently unknown how many of the counterfeit instruments were negotiated.
Investigation of this case was conducted by the United States Postal Inspection Service and the Lumberton Police Department. Assistant United States Attorney William Gilmore represented the government.
News releases are available on the U. S. Attorney’s web page at www.usdoj.gov/usao/nce within 48 hours of release.