Free Information - Felony - District Court of Delaware - Delaware

Case 1 :07-cr-00142-SLR Document 1-2 Filed 10/23/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, I
)
v. ) Criminal Action No. 07- [ I-*,2; U N) Dr
KEVIN B. SIRMAN, 3
Defendant. g
INFORMATION
The United States Attomey for the District of Delaware charges that:
COUNT ONE
Background
l. Joseph, Phillips & Gray, Inc. ("JP&G") was a commercial debt collection company
located in Dover, Delaware. Pursuant to agreements with its clients, J P&G made arrangements with
its clients’ debtors ("debtors") to collect money such debtors owed to JP&G’s clients. Pursuant to
such agreements with its clients, J P&G was permitted to keep a percentage of the money collected
as a commission and was required to forward the net proceeds to its clients.
2. Defendant Kevin B. Sirrnan was the owner and operator of JP&G.
Scheme and Artifice to Defraud
3. Between in or about December 2005 and January 30, 2007, Defendant, through
JP&G, collected money from debtors but did not provide this money to JP&G’s clients. Instead,
Defendant retained amounts far in excess of J P&G’s commission for his personal and business use.
On some occasions, Defendant retained the entire amounts collected for himself Defendant
defrauded J P&G’s clients by promising to forward collected funds pursuant to the terms of J P&G’s
agreements but, instead, keeping the funds for his own use. E D
OCT 2 3 2007 U
L U.S. EISTHICT COURT
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Case 1 :07-cr—00142-SLR Document 1-2 Filed 10/23/2007 Page 2 of 2
4. It was part ofthe scheme and artifice to defraud that, at Defendant’s direction, JP&G
would direct debtors to send JP&G a check, or sufficient information and authorization to permit
JP&G to draw a check on a debtor’s account, in the name of J P&G’s client. With this information,
Defendant would, among other things, withdraw funds earlier than authorized by the debtor,
withdraw funds in amounts greater than authorized, and retain funds without forwarding them to
JP&G’s client.
5. Defendant made and caused to be made false statements and misrepresentations to
JP&G’s clients and to debtors, including but not limited to advising clients that funds had not been
collected and advising debtors that funds had been forwarded to J P&G’s clients, when, as Defendant
well knew, these statements were not true.
6. Defendant, through JP&G, defrauded at least 13 clients of a total of approximately
$145,000.
Charging Paragrajg
7. In or about December 2006, in the State and District of Delaware, and elsewhere,
Kevin B. Sirman, defendant herein, having devised and having intended to devise a scheme and
artitice to defraud and to obtain money and property by means of false and fraudulent pretenses,
representations and promises, as more fully set forth in paragraphs 3 and 4 of this Information,
incorporated herein by reference, did cause to be transmitted by means of a wire communication in
interstate commerce certain writings, signs, and signals for the purpose of executing such scheme
F andiutifice, to wit, a facsimile from J.H. ofRiverwind Homes, Inc. in Mississippi to Joseph Phillips
E +3; iziqilaiieri Gris sections 1343 and 2.
I-A I .1 - - "a _ I COLM F. CONNOLLY
3.,. n T L; I . g UNTTED STATES ATTORNEY
t . a ‘ ‘ T 5/j,@,ga Q . gauge .
.....~».. at • .......·...-. Ii? -··-··-·-··-· ‘ 1* 3* * Christopher J. Bu e I
,,,.,,,,,_,.,..,..,.,.,.....,,....,,,..,,,,.,,......... ............ Assistant United States Attorney
Dated: October 23, 200S/'1 W--- J U
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Case 1:07-cr-00142-SLR

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Case 1:07-cr-00142-SLR

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