U.S. Attorney’s Office
Eastern District of Oklahoma
(918) 684-5100
August 12, 2015

Davis Man Sentenced to 87 Months, $3.2 Million Restitution, and $3.2 Million Judgment for Bank Fraud

MUSKOGEE, OK—The United States Attorney’s Office for the Eastern District of Oklahoma, announced that ROY LYNN WESBERRY, age 55, of Davis, Oklahoma, was sentenced to 87 months’ imprisonment, $500 Special Monetary Assessment, $3,216,031.22 in restitution, and $3,200,000 Money Judgment in federal court.

The defendant was indicted in February 2014 and charged with Conspiracy to Commit Bank Fraud, in violation of Title 18, United States Code, Section 1349 and 4 counts of Bank Fraud, in violation of Title 18, United States Code, Sections 1344 and 2. A jury found WESBERRY guilty of the charges in October 2014.

The jury also found that the defendant should forfeit $3,200,000.00 in assets as part of any sentence imposed.

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.

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, and was sentenced to 24 months’ imprisonment.

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 hearing. The defendant will report to the Bureau of Prisons on September 29, 2015, where he will serve his nonparolable sentence.

Assistant United States Attorney’s Melody Nelson represented the United States.

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