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Justice News

Department of Justice
U.S. Attorney’s Office
Eastern District of Oklahoma

Monday, October 20, 2014

Davis Man Found Guilty of Bank Fraud, Jury Finds for Forfeiture of $3.2 Million in Assets

Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that ROY LYNN WESBERRY, age 55, of Davis, Oklahoma was found guilty of Conspiracy to Commit Bank Fraud and four (4) counts of Bank Fraud by a federal jury on Monday, October 20, 2014. The jury also found that the defendant should forfeit $3,200,000.00 in assets as part of any sentence imposed.

The defendant was indicted in February, 2014 and charged with Conspiracy to Commit Bank Fraud, in violation of Title 18, United States Code, Section 1344 and 4 counts of Bank Fraud, in violation of Title 18, United States Code, Sections 1344 and 2.

The Indictment alleged that from on or about February 1, 2011, through February 28, 2011, the exact dates unknown to the Grand Jury, ROY LYNN WESBERRY, defendant herein, and others unknown and known to the Grand Jury, knowingly conspired, agreed and confederated to execute and attempt to execute, a scheme and artifice to defraud First National Bank of Davis, a federally insured national bank.

The trial began with testimony on October 15, 2014 and concluded with closing arguments and jury deliberations on Monday, October 20, 2014.

Testimony at the trial established that WESBERRY and W.A. “Dub” Moore, President of First National Bank of Davis (FNB), committed bank fraud in an attempt to hide from bank examiners, large amounts of loans to WESBERRY from First National Bank of Davis.

Additional evidence proved that during a bank examination on February 7, 2011, the Office of Comptroller of Currency (OCC) discovered the WESBERRY loans. Those loans caused the bank to be critically undercapitalized and on March 11, 2011 FNB was closed and the Federal Deposit Insurance Corporation was named receiver of the bank.

W.A. “Dub” Moore pled guilty to bank fraud on February 24, 2014. He is currently awaiting sentencing.

The charges are a result from an investigation by the United States Department of Agriculture, Office of Inspector General and the Federal Bureau of Investigation.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the trial and ordered the completion of a presentence investigation report. The defendant was released while awaiting sentencing.

Assistant United States Attorneys Melody Nelson and Tom Wright represented the United States.

Updated March 19, 2015