PENDING CRIMINAL DIVISION CASES

United States v. Giuseppe Pileggi, et al.
Court Docket Number: 3:06-CR-00151-W

The cases of all of the defendants identified below are before the Honorable Judge Frank D. Whitney, Courtroom 1, United States Courthouse, 401 W. Trade Street, Charlotte, NC 28202, unless otherwise stated.

Defendant      

Court Event

Giuseppe Pileggi      

On February 25, 2013, Judge Conrad reinstated the previous restitution order directing Pileggi to pay $4,274,078.40 to victims. The reinstatement follows Pileggi's appeal of Judge Conrad’s decision to increase the original restitution amount imposed in the case which the Fourth Circuit vacated and remanded with instructions that Judge Conrad reinstate the previous restitution order. The Fourth Court held that its prior mandate in the case limited the district court in the scope of its resentencing and did not allow it to reconsider its restitution order.

We cannot make any predictions as to when this will happen or when the monies will be distributed and suggest that you continue to visit the webpage for further information or contact Pam Washington at either victimassistance.fraud@usdoj.gov or toll free at 1-888-549-3945.

On September 8, 2011, Chief Judge Robert J. Conrad entered an amended judgment in the case by increasing the amount of restitution to paid to the victims from $4,291,478 to $20,726,005.18. The amended order resulted from a contested hearing on August 30, 2011 during which the court heard testimony and received evidence regarding the methodology used to determine the victims' loss amounts for restitution.

Pileggi was convicted after a jury trial in January 2008 on one count of conspiracy (18 U.S.C. § 371) and 22 counts of wire fraud (18 U.S.C. § 1343). The jury also returned a special forfeiture verdict of $8.3 million (18 U.S.C. § 982(a)(8)). Pileggi was originally sentenced on September 24, 2008 to 50 years' incarceration, 3 years' supervised release, and ordered to pay $8.3 million in forfeiture and $3.9 million in restitution. On January 20, 2010, the United States Court of Appeals for the Fourth Circuit, in a 2-1 unpublished decision, vacated Giuseppe Pileggi's sentence and remanded the case for re-sentencing. Pileggi was re-sentenced on December 6, 2010 by Chief Judge Robert J. Conrad, Jr. to 25 years in prison followed by 3 years of supervised release, forfeiture of $8,381,962, and $4,291,473 in restitution, jointly and severally with his co-defendants.

Michael Forchemer      

Michael Forchemer entered a guilty plea on January 23, 2008 and was detained without bond on March 5, 2007; a subsequent Motion to Review Detention Order was denied on June 7, 2007. Forchemer was sentenced on August 18, 2008 to 87 months' incarceration, 3 years supervised release and ordered to pay $10 million in restitution, jointly and severally with his co-defendants.

 

Herman Kankrini      

Kankrini pled guilty on January 15, 2008 and was sentenced on June 2, 2009 to 87 months' incarceration, 3 years supervised release and ordered to pay $10 million in restitution, jointly and severally with his co-defendants. He was also ordered to forfeit $17,000.00.

Victor Kustra      

Pled guilty on November 13, 2007 and was sentenced on September 24, 2008 to 33 months' incarceration, 3 years' supervised release and ordered to pay up to $5 million in restitution, jointly and severally with his co-defendants.

Ray Anthony Bingham Wanchope      

Ray Anthony Bingham Wanchope entered a guilty plea on January 30, 2007 and was sentenced on August 18, 2008 to 41 months' incarceration, 3 years supervised probation and ordered to pay $10 million in restitution, jointly and severally with his other co-defendants.

Michael Hennessey      

Pled guilty on January 22, 2007. Hennessey was sentenced on October 28, 2008 to 105 months' incarceration and ordered to pay $10 million in restitution, jointly and severally with his other co-defendants.

Martin Kalchstein      

On July 21, 2010, the United States Court of Appeals for the Fourth Circuit, in an unpublished opinion, affirmed Martin Kalchstein's sentence. Kalchstein was detained on April 15, 2009, following his arraignment and then entered a guilty plea on June 5, 2009 before Magistrate Judge David Kessler to both counts of the March 2009 indictment charging him with one count of failure to surrender for service of sentence (Count 1: 18 U.S.C. § 3146) and one count of contempt of court (Count 2: 18 U.S.C. § 401(3)). Kalchstein was sentenced on September 22, 2009 to 6 years in prison, to be followed by three years supervised release. This sentence is consecutive to the ninety month sentence he received previously.

Kalchstein pled guilty in January 2007 to one count of conspiracy and two counts of wire fraud contained in a December 2006, and was sentenced on October 28, 2008 to 90 months' incarceration and ordered to pay $10 million in restitution, jointly and severally with his co-defendants. The court had ordered him to self-surrender for service of his sentence. Instead of reporting to Miami Federal Correctional Center on February 26, 2009, as ordered, Kalchstein fled to Mexico. Postal Inspectors and Immigration and Customs Enforcement agents, working together with Mexican federal authorities, located Kalchstein in Mexico, just six days after he was scheduled to report. And, following his arrest on March 4, 2009, Kalchstein was immediately deported to Laredo, Texas.

Trent Bradford Nyffeler      

Pled guilty on January 30, 2007. Nyffeler was sentenced on September 22, 2009 to 41 months in prison, to be followed by three years supervised release. He was also ordered to pay $4.2 million jointly and severally with his co-defendants.

 

Brian Wall Coyle      

Pled guilty on February 21, 2007. Coyle was sentenced on September 24, 2008, to 37 months,' 3 years' supervised release and ordered to pay up to $5 million in restitution, jointly and severally with his co-defendants.

Larry Edward Cunningham      

Pled guilty on March 5, 2007. Cunningham was sentenced on October 28, 2008 to 110 months' incarceration and ordered to pay $10 million in restitution, jointly and severally, with his co-defendants.

Jesse David Reid      

Jesse David Reid entered a guilty plea in the Cummins case on February 8, 2007 and was sentenced on August 18, 2008 to 41 months' incarceration, 3 years supervised release and ordered to pay $5 million in restitution, jointly and severally with his co-defendants.

Michael Attilio Mangarella      

On July 20, the U.S. Court of Appeals for the Fourth Circuit affirmed the convictions and sentence of Michael Attilio Mangarella, who was re-sentenced in May 2011 to 30 years in prison, followed by 3 years of supervised release, and ordered to forfeit $10 million and pay, jointly and severally with co-defendants, restitution of $2.6 million on his September 2008 jury conviction on one count of conspiracy and 21 counts of wire fraud charged in a December 2006 superseding indictment. Initially, in September 2009, Mangarella was sentenced to 50 years in prison, followed by 3 years' supervised release, and ordered to forfeit $10 million and pay, jointly and severally, restitution of $4,291,473. While Mangarella's initial appeal was pending, the Fourth Circuit vacated the sentence of his co-defendant, Giuseppe Pileggi, who had received the same term, on the ground that it was a defacto life sentence which violated the assurances given to Costa Rica when the defendants were extradited. As a result, the court granted Managarella's motion to remand for resentencing.

 

 

Andreas Roman Leimer is a fugitive.

Updated June 15, 2015