Three Davis Men Indicted by Federal Grand Jury with Conspiracy and Bank Fraud

MUSKOGEE, OK—The United States Attorney’s Office for the Eastern District of Oklahoma announced that Victor Earl Garrett, age 57, and Roy Lynn Wesberry, age 54, both of Davis, Oklahoma, were indicted by a federal grand jury with conspiracy to commit bank fraud, a violation of Title 18, United States Code, Section 1349, and bank fraud, a violation of Title 18, United States Code, Sections 1344 and 2. W.A. Moore, Jr., a/k/a Dub Moore, age 74, also of Davis, Oklahoma, was charged and pled guilty on February 24, 2014, to an information charging him with one count of bank fraud in violation of Title 18, United States Code, Section 1344.

The charges arose from a joint investigation by the United States Department of Agriculture, Office of Inspector General; the Federal Deposit Insurance Corporation, Office of Inspector General; and the Federal Bureau of Investigation.

On March 11, 2011, the First National Bank of Davis in Davis, Oklahoma, was closed by the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation (FDIC) was appointed as receiver. The bank was closed because the bank had a cash shortfall of approximately $465,000.

The charges of conspiracy to commit bank fraud and bank fraud are in punishable by up to 30 years’ imprisonment and/or up to a $1,000,000 fine.

The Honorable Steven P. Shreder, Magistrate Judge, in the United States District Court for the Eastern District of Oklahoma, accepted Moore’s guilty plea and ordered the completion of a presentence investigation report. Sentencing will be scheduled following its completion.

Assistant United States Attorney Melody Nelson and Tom Wright represent the United States.

Defendants Victor Earl Garrett and Roy Lynn Wesberry have been charged with a federal crime or crimes by the return of an indictment by the grand jury. A grand jury indictment does not constitute evidence of guilt. A grand jury indictment is a method of bringing formal charges against the defendant. Each defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-paroleable.