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Contact: Jim Cross
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        June 12, 2008

INDICTMENT SAYS CATTLE BUYER DEFRAUDED KANSAS RANCHER

TOPEKA, KAN.— Jay Aaron Wagner, 38, Oskaloosa, Kan., is charged with conspiracy to commit bank fraud and to engage in monetary transactions with funds derived from unlawful acts. The crime is alleged to have occurred beginning in 2003 and continuing through at least Dec. 5, 2007, in Jefferson County, Kan., and elsewhere.

According to the indictment, Wagner and an unindicted co-conspirator defrauded the owners of the 1,200-acre J Bar Ranch in Jefferson County, Kan. Wagner’s co-conspirator had an agreement to purchase cattle for the J Bar Ranch. The J Bar required that the cattle be purchased from a single location and source because it is stressful for cattle to be shipped to pasture. The J Bar also required that a veterinarian examine the cattle and certify that none of them were pregnant. The J Bar agreed to reimburse Wagner’s partner for the actual cost of the purchase of the cattle, to pay for shipment of the cattle, and to pay Wagner’s partner $2 to $3 a head for handling the transaction.

According to the indictment, Wagner and his partner:

– Created counterfeit documents submitted to the J Bar that fraudulently increased the actual average weight and actual average cost of the cattle. For instance, on April 13 the conspirators created a false invoice representing that 39 head of cattle were purchased at an average weight of 588 pounds and average price of $101.43 per head. In fact, the cattle were purchased at an average weight of 573 pounds and a cost of $97.87 per head.

– Created counterfeit documents submitted to the J Bar that the cattle had been checked by a veterinarian for pregnancy when in fact there had been no examination.

– Caused false invoices from trucking firms to be submitted to the J Bar indicating that the cattle had been purchased and shipped from a single source. For instance, on Dec. 5, 2007, an invoice was presented to the J Bar to show that 76 calves had been transported for Wheeler & Sons Livestock Auction in Osceola, Mo., when in fact the calves had been transported from West Plains, Mo., Springfield, Mo., and Humansville, Mo.

– Engaged in monetary transactions involving the funds obtained by means of the conspiracy. For instance, on April 15, 2006, the conspirators deposited a $23,427.20 check from J Bar Ranch LLC into the account of S7 Cattle Company.

If convicted, Wagner faces a maximum penalty of 30 years in federal prison and a fine up to $1 million. The Federal Bureau of Investigation worked on the case. Assistant U.S. Attorney Richard Hathaway is prosecuting.

OTHER INDICTMENTS

A federal grand jury meeting Wednesday in Topeka also returned the following indictments:

In a superseding indictment, Robert Andrew Blechman, 38, Culver City, Calif., is charged as a co-conspirator with Isaac Yass, 41, Los Angeles, Calif., with conspiracy, mail fraud and aggravated identity theft. The initial indictment, in which Yass was charged alone, was unsealed Feb. 28, 2008.

According to superseding indictment, Yass operated a business called Stopco. He ran a scam in which homeowners who were behind on their mortgage payments paid him to delay foreclosure by filing fraudulent bankruptcy petitions. The bankruptcy petitions were filed on behalf of fictitious persons who claimed to have a fractional interest in the properties in foreclosure. The result was an automatic stay in the foreclosures, halting any further actions by creditors against the properties. The conspirators filed the petitions in U.S. Bankruptcy Court divisions in Topeka, Wichita and Kansas City, Kan.

Both the defendants are charged with one count of conspiracy, six counts of mail fraud, and six counts of aggravated identity theft. If convicted, they face a maximum penalty of 30 years in federal prison and a fine up to $1 million on the conspiracy charge and on each count of mail fraud, and a mandatory 2 years and a fine up to $250,000 on each count of aggravated identity theft.

The Federal Bureau of Investigation, the U.S. Postal Inspection Service, the Social Security Administration-Office of Inspector General and the U.S. Trustees Office worked on the case. Assistant U.S. Attorney Christine Kenney and Assistant U.S. Attorney Richard Hathaway are prosecuting.

Donnie Ray Ventris, 42, who is in custody in the Norton Correctional Facility, is charged with unlawful possession of a firearm after multiple felony convictions. The crime is alleged to have occurred Jan. 7, 2004, in Montgomery County, Kan.

If convicted, he faces a penalty of not less than 15 years and not more than life. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Special Assistant U.S. Attorney Jared Maag of the Kansas Attorney General’s office and Assistant U.S. Attorney Tony Mattivi are prosecuting.

Felipe J. Perales, 30, who is being held in the Wabaunsee County Jail, is charged with one count of possession with intent to distribute approximately 7 pounds of methamphetamine. The crime is alleged to have occurred June 4, 2007, in Wabaunsee County, Kan.

If convicted, he faces a penalty of not less than 10 years and not more than life and a fine up to $8 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Randy Hendershot is prosecuting.

As in any criminal case, a person is presumed innocent until and unless proven guilty. The indictments filed merely contain allegations of criminal conduct.

 

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