Case 3:12-cr HZ Document 25 Filed 04/24/13 Page 1 of 7 Page ID#: 37 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

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1 Case 3:12-cr HZ Document 25 Filed 04/24/13 Page 1 of 7 Page ID#: 37 FILED24 APR J 1312;18HSTIC ljrp IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION UNITED STATES OF AMERICA v. SHELDON HARMON Defendant. Case No. 3:12-CR HZ FIRST SUPERSEDING INDICTMENT 18 u.s.c u.s.c u.s.c u.s.c FORFEITURE ALLEGATION THE GRAND JURY CHARGES THAT: COUNT1 BANK FRAUD (18 u.s.c. 1344, 2) 1. On or before September 28, 2008, defendant SHELDON HARMON (HARMON) and others known and unknown to the Grand Jury, knowingly and intentionally devised a material scheme to defraud Umpqua Bank ("Umpqua"), a financial institution whose deposits were then insured by the Federal Deposit Insurance Corporation, and to obtain money from Umpqua by materially false and fraudulent pretenses, representations, and promises as described below. It was part of the scheme that:

2 Case 3:12-cr HZ Document 25 Filed 04/24/13 Page 2 of 7 Page ID#: 38 a. HARMON and others sought to refinance commercial real property located at 4001 Main St Vancouver, Washington (the "Property") owned by HARMON HOLDINGS, LLC, an entity in which HARMON was the managing member. b. As part of the efforts to induce Umpqua into lending money to refinance the Property, HARMON and others entered into false commercial leases that purported to lease a portion of the Property for specific sums of money; c. HARMON knew that these commercial leases for the Property were false in that the lessors did not intend to rent the amount of space nor pay the amount of rent described in the false commercial leases; d. HARMON submitted or caused the submission of the false commercial leases to to Umpqua to induce Umpqua to refinance the Property; e. HARMON further made material misrepresentations to Umpqua by showing the Property to Umpqua representatives and representing to Umpqua that certain parts of the Property were being leased by the tenants listed in the false commercial leases, when in fact they were not and HARMON knew that the space was not being leased as represented. 2. On or about September 28, 2008 and based on the material misrepresentations by HARMON and others, Umpqua refinanced the Property for approximately $3.825 million which included cash proceeds to HARMON of over $1 million. All in violation of 18 U.S.C. 1344, 2. I I I Ill Page 2 - FIRST SUPERSEDING INDICTMENT

3 Case 3:12-cr HZ Document 25 Filed 04/24/13 Page 3 of 7 Page ID#: 39 COUNT2 FALSE STATEMENT TO A BANK (18 u.s.c. 1014, 2) 1. On or before September 28, 2008, in the District of Oregon, defendant SHELDON HARMON (HARMON) knowingly made a false statement and report for the purpose of influencing the action of a financial institution, namely, Umpqua Bank (Umpqua), whose deposits were then insured by the Federal Deposit Insurance Corporation, in connection with an application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, and loan, in that HARMON: a. HARMON and others sought to refinance commercial real property located at 4001 Main St Vancouver, Washington (the "Property") owned by HARMON HOLDINGS, LLC, an entity in which HARMON is the managing member. b. As part of the efforts to induce Umpqua into lending money to refinance the Property, HARMON and others entered into false commercial leases that purported to lease a portion of the Property for specific sums of money; c. HARMON knew that these commercial leases for the Property were false in that the lessors did not intend to rent the amount of space nor pay the amount of rent described in the false commercial leases; d. HARMON submitted or caused the submission of the false commercial leases to to Umpqua to induce Umpqua to refinance the Property. All in violation of 18 U.S.C. 1014, 2. Ill Ill Page 3 -FIRST SUPERSEDING INDICTMENT

4 Case 3:12-cr HZ Document 25 Filed 04/24/13 Page 4 of 7 Page ID#: 40 COUNT3 MONEY LAUNDERING (18 U.S.C and 2) 1. The Grand Jury realleges each and every allegation contained in all of the paragraphs of Counts 1 and 2 of this Superseding Indictment, and incorporates them as if fully set forth herein. 2. On or about April 8, 2009, defendant SHELDON HARMON (HARMON) did knowingly engage in and attempt to engage in a monetary transaction by, through, or to a financial institution, affecting interstate commerce with criminally derived property of a value greater than $10,000.00, in that HARMON caused a cashier's check in the amount of $266, to be deposited into account No. X1427 at Washington Mutual, in Vancouver Washington, a financial institution whose deposits were then insured by the Federal Deposit Insurance Corporation, said funds having been derived from a specified unlawful activity, namely Bank Fraud as alleged in Count 1 of this Superseding Indictment, as well as False Statements to a Bank as alleged in Count 2 of this Superseding Indictment, both having been committed within the District of Oregon and HARMON having participated in the transfer of the proceeds of the specific unlawful activity from the District of Oregon to the Western District of Washington, all in violation of Title 18 of the United States Code, Sections 1957 and 2. COUNT4 MONEY LAUNDERING (18 U.S.C and 2) 1. The Grand Jury realleges each and every allegation contained in all of the paragraphs of Counts 1 and 2 of this Superseding Indictment, and incorporates them as if fully set forth herein. On or about April 8, 2009,defendant SHELDON HARMON (HARMON) did knowingly Page 4 - FIRST SUPERSEDING INDICTMENT

5 Case 3:12-cr HZ Document 25 Filed 04/24/13 Page 5 of 7 Page ID#: 41 engage in and attempt to engage in a monetary transaction by, through, or to a financial institution, affecting interstate commerce with criminally derived property of a value greater than $10,000.00, in that HARMON caused a second cashier's check in the amount of$266, to be deposited into account No. X1427 at Washington Mutual, a financial institution whose deposits were then insured by the Federal Deposit Insurance Corporation, said funds having been derived from a specified unlawful activity, namely Bank Fraud as alleged in Count 1 of this Superseding Indictment, as well as False Statements to a Bank as alleged in Count 2 of this Superseding Indictment, both having been committed within the District of Oregon and HARMON having participated in the transfer of the proceeds of the specific unlawful activity from the District of Oregon to the Western District of Washington, all in violation of Title 18 of the United States Code, Sections 1957 and 2. FORFEITURE ALLEGATION (COUNTS 1 AND 2) Upon conviction of one or more of the offenses alleged in Counts 1 and 2 of this Superseding Indictment, defendant SHELDON HARMON (HARMON) shall forfeit to the United States pursuant to 18 U.S.C. 982(a)(2)(A) any property constituting or derived from proceeds obtained directly or indirectly as a result of the violations, including but not limited to the following: Money Judgment: A sum of money equal to the amount of proceeds obtained as a result of defendant's bank fraud and false statements to a bank Other Property: All assets identified in the Bill of Particulars filed on November 29, Page 5 - FIRST SUPERSEDING INDICTMENT

6 Case 3:12-cr HZ Document 25 Filed 04/24/13 Page 6 of 7 Page ID#: 42 If any of the above-described forfeitable property, as a result of any act or omission of the defendant: (a) cannot be located upon the exercise of due diligence; (b) has been transferred or sold to, or deposited with, a third party; (c) has been placed beyond the jurisdiction of the court; (d) has been substantially diminished in value; or (e) has been commingled with other property which cannot be divided without difficulty; it is the intent of the United States, pursuant to 21 U.S.C. 853(p) as incorporated by 18 U.S.C. 982(b ), to seek forfeiture of any other property of said defendant up to the value of the forfeitable property described above. FORFEITURE ALLEGATION (COUNTS 3 AND 4) Upon conviction of one or more of the offenses alleged in Counts 3 and 4 of this Superseding Indictment, defendant SHELDON HARMON (HARMON) shall forfeit to the United States pursuant to 18 U.S.C. 982(a)(1) any property, real or personal, involved in such offenses, or any property traceable to such property, including but not limited to the following: Money Judgment: A sum of money equal to $532, in United States currency, representing the amount of property involved in the offenses included in Counts 3 and 4. defendant: If any of the above-described forfeitable property, as a result of any act or omission of the (a) cannot be located upon the exercise of due diligence; (b) has been transferred or sold to, or deposited with, a third party; Page 6- FIRST SUPERSEDING INDICTMENT

7 Case 3:12-cr HZ Document 25 Filed 04/24/13 Page 7 of 7 Page ID#: 43 (c) has been placed beyond the jurisdiction of the court; (d) has been substantially diminished in value; or (e) has been commingled with other property which cannot be divided without difficulty; it is the intent of the United States, pursuant to 21 U.S.C. 853(p) as incorporated by 18 U.S.C. 982(b ), to seek forfeiture of any other property of said defendant up to the value of the forfeitable property described above. DATED this z_tfr:f; of APRIL, A TRUE BILL. Presented by: S. AMANDA MARSHALL United States Attorney Page 7 - FIRST SUPERSEDING INDICTMENT