United States v. Greg E. Lindberg
PENDING CRIMINAL DIVISION CASES
United States v. Greg E. Lindberg
Court Docket: 3:23-CR-48-MOC
Court Assigned: This case is assigned to the U.S. District Court for the Western District of North Carolina, U.S. Courthouse, Charles R. Jonas Federal Building, 401 West Trade Street, Room 1200, Charlotte, NC 28202, before U.S. District Judge Max O. Cogburn Jr.
The previously scheduled status hearing and trial for defendant Greg Lindberg will be rescheduled approximately three months after the conclusion of the trial in another case, United States v. Lindberg, et al. (Case No. 5:19-CR-22-MOC-DSC). Trial in that matter is currently expected to be scheduled no earlier than April 2024, with a specific date in April or May 2024 to be determined by further order of the Court. As soon as we have additional information from the Court, we will provide the new hearing dates.
On July 27, 2023, a Non-Prosecution Agreement (NPA) was reached between Eric Bostic and the United States Attorney’s Office for the Western District of North Carolina in which, among other things, Eric Bostic agreed to continue to cooperate with the United States. If you wish to confer with the attorneys for the government regarding the NPA, or any other aspect of the case, please contact the Victim Assistance Line toll-free at (888) 549-3945 or email us at firstname.lastname@example.org.
Criminal Charges: On February 23, 2023, Greg E. Lindberg, was charged with one count of conspiracy to commit crimes in connection with insurance business, wire fraud, and investment adviser fraud; one count of wire fraud; four counts of false insurance business statements presented to regulators; six counts of false entries about the financial condition or solvency of an insurance business; and one count of money laundering conspiracy for masterminding and directing a massive scheme to deceive state insurance regulators and defraud thousands of policyholders and others in connection with insurance companies he controlled.
According to court documents, from no later than 2016 through at least 2019, Lindberg and others allegedly conspired and schemed to defraud various insurance companies, other third parties, and ultimately thousands of insurance policyholders. Lindberg allegedly deceived the North Carolina Department of Insurance and other regulators, evaded regulatory requirements meant to protect policyholders, concealed the true financial condition of his insurance companies, and improperly used insurance company funds for his personal benefit. In particular, the indictment alleges that Lindberg personally benefitted from the fraud in part by using insurance company funds to finance his lavish lifestyle, including the purchase and refinancing of personal real estate and “forgiving” more than $125 million in loans from his affiliated companies to himself to fund his personal expenses.
The charged conduct allegedly caused substantial financial hardship to the insurance companies, third parties, and thousands of policyholders. Lindberg allegedly caused the insurance companies to engage in investments of nearly $2 billion as part of his scheme, most of which remained outstanding as of September 2022. Since 2019, multiple insurance companies controlled by Lindberg have been placed into rehabilitation or liquidation.
In December 2022, one of Lindberg’s top executives, Christopher Herwig, pleaded guilty in a related case to conspiring with Lindberg and others to commit wire fraud, investment advisor fraud, and money laundering as well as to the making of false statements in the business of insurance.
Separately, Lindberg remains under indictment and is awaiting retrial in a case in which he faces several charges stemming from alleged attempts to bribe the Commissioner of the North Carolina Department of Insurance.
Devin Solow was charged by Bill of Information to one count of conspiracy in violation of 18 USC 371 on December 19, 2022 in case 3:22-cr-00315-MOC. On January 23, 2023, upon a joint motion and pursuant to a non-prosecution agreement entered into with the WDNC, the Court agreed to exclude a 60-month period in computing the time within which any trial be commenced upon the charges against Solow contained in the Information.
Chris Herwig was charged by Bill of Information to one count of conspiracy in violation of 18 USC 371 on December 19, 2022 in case 3:22-cr-0314-MOC. On December 22, 2022, Herwig entered a guilty plea to single charge in the Bill of Information. He is awaiting sentencing.
Victim Impact Statement: If you would like to submit a Victim Impact Statement you may do so by mailing the Victim Impact Statement below to: Victim Witness Unit, U.S. Department of Justice, Criminal Division, Fraud Section, 10th & Constitution Avenue, NW, Bond Building, Room 4416, Washington, DC 20530. You also may submit the Victim Impact Statement via email at VictimAssistance.email@example.com or by fax at: (202) 514-3708.
The information on this website will be updated as new developments arise in the case. If you have any questions, please call the Victim Assistance Line toll-free at (888) 549-3945 or email us at VictimAssistance.firstname.lastname@example.org.
Presumption of Innocence: It is important to keep in mind that a criminal indictment is merely an allegation, and defendants are presumed innocent until proven guilty and that presumption requires both the court and our office to take certain steps to ensure that justice is served.
Crime Victims’ Rights Act and Right to Retain Counsel: Because charges have been filed in this case in federal court, you also may be entitled to the following rights, according to the Crime Victims’ Rights Act, Title 18, United States Code, Section 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; (8) The right to be treated with fairness and with respect for the victim’s dignity and privacy; (9) The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement; and (10) The right to be informed of the rights under this section and the services described in section 503(c) of the Victims’ Rights and Restitution Act of 1990 (42 U.S.C. § 10607(c)) and provided contact information for the Office of the Victims’ Rights Ombudsman of the Department of Justice. The Crime Victims’ Rights Act (18 U.S.C. § 3771) applies only to victims of the counts charged in federal court, and thus individuals may not be able to exercise all of these rights if the crime of which the individual is a victim was not charged.
Section 3771(c)(2) of this Act requires that we advise you that you have the right to retain counsel. Although the statute specifically sets forth your right to seek advice of an attorney with regard to your rights under the statute, there is no requirement that you retain counsel. The Government may not recommend any specific counsel, nor can the Government (or the Court) pay for counsel to represent you. Government attorneys represent the United States.
If you elect to obtain counsel to represent your interests, please have your attorney notify this office in writing at: U.S. Department of Justice, Criminal Division, Fraud Section, 10th & Constitution Avenue, NW, Bond Building, 4th Floor, Washington, DC 20530, Attention: Victim Witness Unit; fax: (202) 514-3708; or email: email@example.com. If you elect not to retain counsel to represent your interests, you do not need to do anything.
Plea Agreements: Please be aware that many criminal cases are resolved by plea agreement between the Department of Justice and the defendant. You should also know that it is not unusual for a defendant to seek to negotiate a plea agreement shortly before trial is scheduled to begin. Plea agreements can be made at any time and as late as the morning of trial, leaving little or no opportunity to provide notice to you of the date and time of the plea hearing. If the court schedules a plea hearing in this case, we will use our best efforts to notify you of available information as soon as practicable. If you want to inform the prosecutor of your views regarding potential plea agreements, or any other aspect of the case, please contact the prosecutor assigned to this case or call the Victim Assistance Line toll-free at (888) 549-3945 or email us at firstname.lastname@example.org.