Norman Man to Serve 40 Months in Prison and Pay $4.3 Million in Restitution in Connection with Edmond Condominium Project
|U.S. Attorney’s Office December 28, 2011|
OKLAHOMA CITY—DEREK CHRISTOPHER SWANN, 39, of Norman, was sentenced yesterday to serve 40 months in federal prison for money laundering related to a failed Edmond commercial and residential development called “The Falls,” announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma. Earlier this year, Giovanni Bryan Stinson, 38, of Edmond, pled guilty to conspiracy to commit securities fraud, in connection with raising investor proceeds for The Falls based on false information.
According to the informations filed against Swann and Stinson, those two men decided in 2005 to try to build The Falls project in Edmond. The next year, Swann, Stinson, and others at their direction began soliciting private investors for money to develop The Falls. Swann and Stinson acquired investor proceeds for The Falls based on false information and then used those proceeds for personal expenses and repayment of earlier investors. According to the Informations, individuals invested more than $5 million into The Falls based on promises that the monies would be spent for engineering, architectural, or infrastructure costs. Rather than paying for those expenses, Swann and Stinson used investor proceeds to pay for golf and entertainment expenses at a private Oklahoma City golf club, to lease BMW cars for The Falls’ officers, and to repay earlier investors. The Falls project was never completed.
On February 28, 2011, Swann pled guilty to one count of money laundering. At the plea hearing, Swann admitted that he helped to convince a Texas investor to wire $255,000 to a local bank for the Edmond project. Swann further admitted that after receiving those funds, he transferred the money to another account and used some of those funds for purposes not disclosed to the investor.
Today, United States District Judge David L. Russell sentenced Swann to 40 months in federal prison, followed by three years of supervised release. Swann was also ordered to pay $4,334,900.01 in restitution to more than two dozen investor victims.
Earlier this year, Shawn Patrick Linn, 42, of Edmond, and Mark A. VanHoose, 32, of Edmond, pled guilty to federal conspiracy charges in connection with financing for The Falls. Both were sentenced to terms of probation and ordered to pay more than $40,000 in restitution to a local bank. Sentencing for Stinson has not been set.
These cases were investigated by the Federal Bureau of Investigation, the United States Secret Service, and the Criminal Investigation Division of the Internal Revenue Service. The cases are being prosecuted by Assistant U.S. Attorneys Chris M. Stephens and Nick Lillard.