|By PR Newswire||
|February 6, 2014 06:49 PM EST||
ABINGDON, Va., Feb. 6, 2014 /PRNewswire/ -- Late yesterday afternoon, David A. Cline, owner of Rock N Roll Coal Company in McDowell County, WV, was found not guilty of all the charges brought against him by the federal government, after a twelve day trial in federal court in Abingdon, Virginia. Mr. Cline was represented by Bailey & Glasser, whose trial team was led by Mike Hissam with the assistance of Rod Smith and Ben Bailey.
Mr. Cline, along with four others, was indicted in October of 2012, and charged with one count of conspiring to violate federal law and twenty-two counts of causing the structuring of currency transactions to avoid reporting requirements. His son Joshua Cline, who was represented by John A. Carr, an attorney who worked closely with the Bailey & Glasser team, was also charged with conspiracy, two counts of structuring and one count of making false statements under oath. The other individuals originally charged in the alleged scheme were: William "Bill" F. Adams, Jr., Michael W. Dunlap, and John B. Ward. Mr. Dunlap entered into a plea agreement before the trial began.
The indictment alleged that the individuals named, together with two dozen others, conspired to obstruct the Internal Revenue Service from collecting federal taxes and engaged in a "Check Cashing Scheme" designed to hide the withdrawal of cash in excess of $10 million from financial institutions. The government's primary witness was J.D. "Dot" McReynolds, who sold cash, with an added 10% fee, to various coal operators and provided them with fraudulent invoices to disguise the cash purchases. McReynolds was able to structure the cash out of financial institutions in West Virginia and Virginia to evade transaction reporting requirements by making multiple withdrawals of $10,000 or less.
Each count of conspiracy and making false statements under oath carries a maximum statutory sentence of imprisonment for a term of five years and a fine of $250,000.00. Each count of causing the structuring of currency transactions to avoid reporting requirements carries a maximum statutory sentence of imprisonment for a term of ten years and a fine of $500,000.00. Prior to the date of the indictment, sixteen other defendants had pled guilty to felony charges in this "Check Cashing Scheme".
Mr. Cline denied the charges and denied any involvement in Mr. McReynolds' scheme. Mr. Cline's case went to trial in Abingdon on Tuesday, January 21, 2014. On February 5th, after twelve days of trial, the jury started deliberations and, at 5:30 pm that same day, returned with the not guilty verdicts for David and Joshua Cline. They were the only two defendants acquitted of the charges.
"I couldn't be any happier for David and Josh Cline and for their families. For nearly two years, our client and his son have steadfastly maintained their innocence. They are thankful that the jury's verdict has borne that out and are justifiably relieved and anxious to return to their privacy. On a personal note, I am extremely proud of the hard work done by our trial team and gratified by this result," said trial team member and founding partner Ben Bailey.
Bailey & Glasser LLP, headquartered in Charleston, West Virginia, with additional offices in Washington, D.C., Alabama, Delaware, Illinois and Massachusetts, regularly appears in complex commercial litigation matters, for plaintiffs and defendants, before state and federal courts across the country. The firm's 46 lawyers are working on cases as diverse as the Toyota sudden acceleration personal injury and class action cases; energy and environmental litigation for state governments, individuals and energy companies; medical malpractice and health care provider disputes; and white collar criminal defense. Bailey & Glasser's business lawyers also represent substantial clients in energy industries, and have a growing Chinese business development practice. For more information, please visit www.baileyglasser.com.
For additional information, please contact: Ben Bailey at (304) 345-6555
SOURCE Bailey & Glasser LLP
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