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David N. Kirkman
Task Force Alert
Asst Attorney General
Consumer Protection
NC Department of
P.O. Box 629
Raleigh, NC 27602

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North Carolina Division of Aging and Adult Services

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******Alert #280******

Senior Fraud Alert; Task Force Member's Work Helps to Secure Guilty Pleas from 2nd Defendant in Case of Cross-Border Fraud Against Seniors

The United States Attorney for the Eastern District of North Carolina last week secured guilty pleas from another member of an alleged Tel-Fraud group based in Montreal. On the US side, investigation of the case was headed by a long-time Task Force member, FBI Special Agent Joan Fleming, with assistance along the way from the NC Attorney General’s office. On the Canadian side, the case was investigated by the Royal Canadian Mounted Police and local law enforcement officials in Quebec. Near the beginning of the investigation, the Division of Aging and Adult Services, NC DHHS, placed Victims’ Assistance Project (VAP) volunteers with some of the NC victim-witnesses to prevent their re-victimization. The United States Attorney’s announcement of the guilty plea appears below.

U. S. Department of Justice
Thomas G. Walker
United States Attorney
Eastern District of North Carolina

TUESDAY - September 20, 2011


RALEIGH - United States Attorney Thomas G. Walker announced that today CLAY ATKINSON, a Canadian citizen residing in Montreal, Quebec, Canada, pleaded guilty before United States District Judge Terrence W. Boyle to conspiring to commit offenses against the United States, in violation of Title 18, United States Code, Section 371 and mail fraud, Title 18, United States Code, Section 1341.

According to the Indictment returned on March 5, 2008, from December, 2004, ATKINSON, along with co-defendants Jamaal McKenzie and David Stewart, targeted victims who resided in the United States. The defendants, using fictitious names, false government titles and company names, would call the elderly victims convincing them that they had “won” a large sum of money from a lottery or sweepstakes. The defendants, posing as officials of government agencies, such as the Federal Bureau of Investigation, the Internal Revenue Service, and the United States Customs, promised that upon payment of “fees” or “taxes” the victims would be awarded large cash prizes.

The Indictment further alleges that the defendants coordinated the complex scheme by persuading victims to provide money, checks, and goods, via the United States mail or commercial carriers, to the defendants. The money, checks, and goods totaled more than $900,000 and involved over 40 victims from the United States. At sentencing, set for December 19, 2011, ATKINSON faces up to up to five years’ imprisonment for the conspiracy charge and up to 30 years’ imprisonment for the mail fraud.

On August 3, 2011, Stewart pled guilty to conspiring to commit offenses against the United States and mail fraud. His sentencing is currently scheduled for December 19, 2011. McKenzie is awaiting final extradition proceedings from Canada to face trial in the United States.

Investigation of this case was conducted by the Federal Bureau of Investigation and the Royal Canadian Mounted Police with substantial assistance from the North Carolina Attorney General’s Office, Consumer Protection Division, Telemarketing Fraud Prevention Project. Assistant United States Attorney J. Gaston B. Williams represents the United States in this matter.

******End of Alert******

Date: September 27, 2011

David N. Kirkman
Task Force Alerts Chair
Assistant Attorney General
Consumer Protection Division
Office of Attorney General Roy Cooper
114 West Edenton Street
9001 Mail Processing Center
Raleigh, NC 27699-9001
Tel. 919-716-6000
Fax 919-716-6050


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