Convicted Fraudster Indicted for Failing to Surrender for Service of Sentence
DALLAS—A Irving, Texas, man, who was sentenced to serve 70 months in federal prison in an investor fraud case, was indicted yesterday for failing to self-surrender to the Bureau of Prisons to serve that sentence, announced U.S. Attorney Sarah R. Saldaña.
Michael David Carroll, 39, pleaded guilty in April 2013 to one count of wire fraud stemming from his role as a registered agent, director and incorporator of The Salad Bowl Franchise Corporation. Carroll ran a scheme to defraud potential investors, and to obtain money and property under false and fraudulent pretenses, by fraudulently inducing investors to purchase a “Salad Bowl” franchise from him.
Carroll was sentenced on March 17, 2014, by U.S. District Judge David C. Godbey to 70 months in federal prison and ordered to pay more than $1.4 million in restitution. He was ordered to report to federal prison before 11:00 a.m. on Monday, May 14 2014, to begin serving that sentence.
According to the indictment, on April 18, 2014, the Court granted a defense request to delay Carroll’s report date and set a new report date of July 15, 2014. Again, on July 14, 2014, the Court granted another defense request to delay Carroll’s report date and set a new report date of no later than 2:00 p.m. on Monday, September 15, 2014. Carroll, however, failed to surrender for service of sentence. On September 17, 2014, Judge Godbey ordered that an arrest warrant be issued for Carroll.
If convicted, the maximum statutory penalty for this offense is 10 years in federal prison and a $250,000 fine. The provisions of 18 U.S.C. § 3146 require that any term of imprisonment imposed on Carroll for failure to surrender for service of sentence must be served consecutively to his 70-month sentence of imprisonment for investor fraud ordered by Judge Godbey in March of 2014.
A federal indictment is an accusation by a grand jury. A defendant is entitled to the presumption of innocence unless proven guilty.
The FBI investigated the case and Assistant U.S. Attorney David L. Jarvis is prosecuting.