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Thursday, May 20, 2010

Department of Justice

United States Attorney James R. Dedrick Eastern District of Tennessee


CHATTANOOGA, Tenn – Darin Lee McAllister, a Special Agent employed by the Federal Bureau of Investigation in Nashville, Tennessee, was indicted yesterday by a grand jury sitting in Nashville, Tennessee. This indictment was announced by United States AttorneyJames R. Dedrick, United States Attorney for the Eastern District of Tennessee, who is sitting by designation in the Middle District of Tennessee.

The 19 count indictment charges McAllister, 44, of Brentwood, Tennessee, with wire fraud in violation of Title 18, United States Code, Section 1343, bank fraud in violation of Title 18, United States Code, Section 1344 and swearing a false oath in bankruptcy in violation of Title 18, United States Code, Section 152(3). The indictment alleges the defendant devised a wire fraud scheme to defraud SunTrust Mortgage Co., Inc., in connection with the purchase of rental properties totaling $1.25 million in May and July 2006. In addition, the indictment charges the defendant with devising a scheme to defraud the SunTrust Bank in connection with a $100,000 line of credit and making three false statements in connection with his subsequent bankruptcy petition in July 2009.

If convicted on all counts, McAllister faces a total of 345 years in prison and $6.5 million in fines. The maximum penalty for each violation of the wire fraud statute is 20 years in prison and a $250,00 fine. The maximum penalty for each count of bank fraud is 30 years in prison and a $1million fine. The maximum penalty for each count of swearing a false oath is 5 years in prison and a $250,000 fine. Each count also carries a mandatory $100 special assessment. The court may also order restitution to any victims of the fraud.

McAllister will appear in United States District Court in Nashville, Tennessee, on June 9, 2010. He will be permitted to surrender himself to the United States Marshals.

This investigation was conducted by Office of the Inspector General, United States Department of Justice, with the assistance of the United States Bankruptcy Trustee's Offices in Chattanooga and Nashville. Assistant U.S. Attorney Gary S. Humble represents the United States.

The public is reminded that an indictment is a form of accusation and is not evidence of guilt. The defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

(Indictment Adobe Icon)

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