Freddie Marshall Carson Transcript

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TENNESSEE

NORTHERN DIVISION, AT KNOXVILLE, TENNESSEE

United States of America, ::

Government, ::

Vs. : CR: 3-12-17

Freddie Marshall Carson, ::

Defendant, :

Transcript of sentencing hearing before theHonorable Thomas A. Varlan on January 8, 2013.

APPEARANCES:

ON BEHALF OF THE GOVERNMENT:

Jennifer KolmanAssistant U.S. Attorney

ON BEHALF OF THE DEFENDANT:

Bobby Hutson, Jr.Assistant Federal Defender

Jolene Owen, R.P.R.800 Market Street, Suite 131

P.O. Box 2201Knoxville, Tennessee, 37901

(865) 384-6585

Case 3:12-cr-00017 Document 36 Filed 05/01/13 of 25 PageID #: 141

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COURTROOM DEPUTY: Criminal action 3:12:17,

United States of America versus Freddie Marshal Carson.

Jennifer Kolman is here on behalf of the

government. Is the government present and ready to

proceed?

MS. KOLMAN: Present and ready, Your Honor.

COURTROOM DEPUTY: Bobby Hutson is here on

behalf of the defendant. Is the defendant present and

ready to proceed?

MR. HUTSON: Present and ready, Your Honor.

THE COURT: We are here for imposition of

judgment and sentence in this case. We'll begin by

asking the defendant, Mr. Carson, to please come up to

the lecturn along with your counsel. We'll begin by

having your sworn in by the courtroom deputy.

FREDDIE M. CARSON

was first duly sworn and testified as follows:

COURTROOM DEPUTY: Would you please state and

spell your name for the record.

MR. CARSON: Freddie Marshal Carson,

F-r-e-d-d-i-e M-a-r-s-h-a-l C-a-r-s-o-n.

THE COURT: Thank you, Mr. Carson. Let me ask

you to confirm, you are represented here today by

Mr. Bobby Hutson, is that correct?

MR. CARSON: That is correct Your Honor.


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THE COURT: Mr. Hutson, you are here as counsel

for this defendant?

MR. HUTSON: That is correct, Your Honor.

THE COURT: Mr. Carson, on August 1, 2012, you

pled guilt to Count 1 of the Indictment in this case

charging you with wire fraud in violation of 18 United

States Code § 1343.

You understand the offense described in Count 1

requires a sentence of up to twenty years imprisonment,

up to three years supervised release, one to five years

probation, a $250,000 fine, restitution and a mandatory

$100 assessment?

MR. CARSON: Yes, sir, Your Honor.

THE COURT: All right. Also on August 1 you

pled guilty to Count 7 of the Indictment charging you

with money laundering in violation of 18 United States

Code § 1957.

Do you understand the offense described in

Count 7 requires a sentence of up to ten years

imprisonment, up to three years supervised release, one

to five years probation, a $250,000 fine and a mandatory

$100 assessment?

MR. CARSON: Yes, sir, Your Honor.

THE COURT: Mr. Carson, have you received and

had the opportunity to read and discuss the Presentence


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Report in this case with your attorney?

MR. CARSON: Yes, sir.

THE COURT: Mr. Hutson, have you reviewed the

Presentence Report in this case and -- have you received

the Presentence Report in this case and reviewed it with

Mr. Carson?

MR. HUTSON: Yes, Your Honor.

THE COURT: Does the defendant have any

objections to the Presentence Report?

MR. HUTSON: No objections.

THE COURT: Ms. Kolman, have you received the

Presentence Report in this case?

MS. KOLMAN: Yes, Your Honor.

THE COURT: Does the government have any

objection?

MS. KOLMAN: No, Your Honor.

THE COURT: Does the government have a motion

for third level acceptance of responsibility pursuant to

Sentencing Guidelines Section 3E1.1(b)?

MS. KOLMAN: Yes, we ask for the third point.

THE COURT: Without objection, that motion will

be granted.

The Court has before it the defendant's sealed

Sentencing Memorandum. Before we hear from the

defendant, let me first hear from the government


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regarding the subject of sentencing. Are there any

witnesses who wish to address the Court?

MS. KOLMAN: Yes, Your Honor. I would like to

present one victim to the Court, Mr. John Young. I

don't know how you would like to proceed.

THE COURT: Let's hear from any witnesses or

victims that want to testify first.

Mr. Carson, why don't you take a seat along

with Mr. Hutson. Why don't you go ahead and call the

witness who wants to testify.

MS. KOLMAN: The government would call John

Young. Would you like him to go to the witness stand or

the podium?

THE COURT: Let me think about this. He is

addressing the Court as a victim?

MS. KOLMAN: Yes, Your Honor.

THE COURT: It's really not as a witness.


THE COURT: I should ask if there are any

victims who desire to address the Court pursuant to

Federal Criminal Rules of Procedure 32 and this

individual desires to. Are you aware of anyone else?

MS. KOLMAN: I have not been approached. I

don't see anyone acknowledging. No, Your Honor.

THE COURT: Your name again, sir.


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MR. YOUNG: John Young.

THE COURT: Mr. Young, if you will come up to

the podium. You can address the Court at this time.

MR. YOUNG: Your Honor, upon my first meeting

with Mr. Carson I was asked if money was not an issue,

what would you do with your life? I answered I would

use my time and talents for Christ.

Mr. Carson preyed on the trust a son has for

the advice of his father, a Christian has for the advice

of his pastor and the trust one has with lifelong

friends.

Mr. Carson has preyed on the Christian's desire

to use his time, talents and finances to advance the

cause of Christ. Mr. Carson has used these bonds of

trust and desire to gain access to my savings, the

savings of my family, of my lifelong friends and their

friends for his own deceit.

Instead of using the funds to start a Christian

business or advance the cause of Christ, he used the

funds to live lavishly in a million dollar home which he

used to show his work to prospective investors; to enjoy

frequent vacations; anniversary trips and a lifestyle of

luxury on other people's money.

Financially I have lost 70,000. I also lent my

brother 10,000 who gave an additional 50,000 to Carson,


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as there was always a need for more money to "close the

deal."

I had no more money to give so I introduced

Mr. Carson to a lifelong friend whose initial investment

was 75,000. My friend and his relationships were a new

revenue source for Carson.

Socially I have suffered. My marriage has

suffered the stress that debt brings. My wife has lost

faith in the decisions I have made for the family

waiting for Mr. Carson to move us to Nashville. I lost

four years waiting for Mr. Carson to move us and the

last three years trying to restore my wife's confidence

in me.

My children have suffered as a result of

uncertainly, not knowing if or when we would move. Two

of my children suffered the embarrassment of being

financially withdrawn from college. Family ties have

strained as debts to one another go unpaid. Friends of

a lifetime have distanced themselves because they were

told that they had lost their money because I had gone

to the authorities.

My family and friends have lost their savings.

Some have lost homes and some their marriages, as a

result of losing money to Mr. Carson. I have carried

the burden of losing my family savings. My family lost


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four years of stability, as I waited on Carson to hire

me. I also carried the fear that a lifelong friend

might be indicted along with Carson.

I worried for my family when Pastor Baker and a

close friend passed on a threat that if I went to the

authorities that terrible things would happen to me and

my family. I ended up filing a police report against my

friend in case anything happened to us.

Your Honor, it is in this arena that we seek

justice and equity. My family and I have suffered, as a

result of my dealings with Mr. Carson. I cannot regain

the lost money or lost time with my family. I

respectfully ask that you give Mr. Carson the longest

sentence that the law will allow. It would be an

injustice for victims to suffer longer than the one who

caused their suffering.

Please execute a just judgment.

Thank you.

THE COURT: All right. Thank you, Mr. Young.

Ms. Kolman, seeing no further victims that wish

to address the Court or any witnesses the parties wish

to present, then we'll hear from the government

regarding sentencing at this time.

MS. KOLMAN: All right. Your Honor, I think it

is just important to point out a few things to put what


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happened in perspective. I think a lot of times with

these white collar cases sometimes in our rush to get

justice done, we forget the pain and the stress that

these victims are under. I think Mr. Young wrapped that

up well to let the Court understand that.

As the Court knows through its Presentence

Report, we have close to 24 victims that we have agreed

to with the defendant for over a million dollars.

Your Honor, it is more than that. It was years

of deceit. It was multiple people. It was involving

multiple states. It was involving multiple

"businesses." He was given options to stop through

civil cases where he was given cease and desist orders

and chose to continue to do these things.

The worse part was that he went through the

most deep and cherished part of people, which is their

religions, and he was good at it. He had a talent. He

certainly could have been a good salesperson because

over and over again these people were asked for money

and they would do this through their trust with the

religion. He would keep on them and bond a friendship

with them and literally get every single dime out of

these people who these were their savings. These were

not necessarily well to do people.

He had victims from California, Colorado, South


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Carolina, Tennessee, North Carolina, Minnesota,

Mississippi, Texas, Wisconsin and Virginia.

He has a college education. He has a musical

talent. He has a family that he loves and four

children. As I said, throughout this theft that he did

of these people he showed that if he had chosen to go on

the right path, he probably could have been a very

successful legitimate person, but he chose to take the

cheap way out and to ruin multiple people's lives over

and over and over again.

For that, Your Honor -- I know that we are

basically arguing over nine months. Because of those

reasons, Your Honor, and we see a lot of people coming

in through this court that don't have a lot of options

in life and not a lot of chances. He had them. He

chose to not take them. Because of that, Your Honor,

the government is asking that he be given the top of the

guidelines. Thank you.

THE COURT: Thank you.

Mr. Hutson, anything you would like to say or

present on defendant's behalf?

MR. HUTSON: Just briefly, Your Honor.

Your Honor, first, I would like to identify for

the Court that Mr. Carson does have some support here

today. His wife is here. She is in the back along with


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some family friends. He has four beautiful children

that are here today, but he found it to be more

appropriate that the children were left outside the

courtroom during the proceedings today.

Your Honor, in terms of his history and

characteristics, which we would ask the Court to

consider in addition to the testimony presented today

and the government's argument, Mr. Carson is a very well

educated defendant. He is middle aged. He has no

history of drug abuse and he has no current issues with

substance abuse. He has no criminal history that the

Court could consider in terms of a sentence and he has a

solid foundation of family and friends that are ready to

support him as he rehabilitates himself from this case.

Most importantly, Your Honor, Mr. Carson, and I

suspect that he will say something similar to this

today, but he is exceptionally anxious to begin the

process of rectifying some of the harm that his actions

have caused in this case.

Ms. Kolman spoke about his intelligence and him

being a very well-educated individual and using that to

his advantage. While he has pled guilty to these

offenses, and truly his intelligence level did play a

part in his ability to carry out some of those actions,

those same abilities give him an opportunity to find


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opportunities to help rectify the financial harm that he

has caused to these families. He certainly is ready to

do that.

In terms of the procedural posture of this

case, a lot of the information is filed under seal, but

Mr. Carson has taken steps since his arrest to make

amends for some of his actions that were carried out

prior to the Indictment. It is just the beginning

though, Your Honor. He has a lot of work to do and he

acknowledged that he has that work to do.

Your Honor, when considering his history and

characteristics, Mr. Carson would respectfully submit

that a sentence of 37 months would be sufficient under

the statute, when evaluating a sentence in this case.

His history of being a well-educated individual with no

criminal history, no drug abuse, are indicators that he

has a chance to meaningfully contribute to society upon

the conclusion of this case.

Lastly, Your Honor, Mr. Carson would ask for a

recommendation, if the Court finds a term of

imprisonment is appropriate, to the camp at Manchester,

Kentucky. He would also asked to be allowed to

self-report to a facility once housing has been cleared

up.

He has been compliant with all terms of


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probation, to my knowledge in this case, and he thanks

you for your consideration.

THE COURT: Thank you, Mr. Hutson.

Finally, Mr. Carson, sir, if there is anything

you would like to say on your behalf before sentence is

imposed. If you would, I would ask you to come back up

to the podium along with your counsel. Thank you.

MR. CARSON: I just want to say that I am

accepting full responsibility for everything I have

done. I am extremely sorry for all the harm that has

occurred to the families and the victims I have caused.

Upon completion of my sentence I will do everything in

my power to use my skills to pay the debt that I owe

them, restitution that is due them back. That's all.

THE COURT: Why don't you return to counsel

table along with your counsel. We'll proceed forward

with sentencing.

Again the Court appreciates the statement of

the defendant, as well as the statement offered by

Mr. Young as a victim in this case. The Court also

notes the presence of other victims, as noted by counsel

for the government, as well as the presence of defendant

's family and friends in court today.

The Court has carefully reviewed the

Presentence Report and the filings and the entire record


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in this case. In a manner intended to comply the Sixth

Circuit jurisprudence since the Booker case rendered the

Sentencing Guidelines advisory, and Gall v. United

States' requirement that the court make an individual

assessment based on the facts presented, and adequately

explain the chosen sentence, the Court will explain its

reasons for the sentence to be imposed in this case.

The Court will discuss the advisory guideline

calculation and the factors discussed in 18 United

States Code § 3553 relevant to this case. Based on

those factors and in consideration of the guideline

range, the Court will then impose a sentence sufficient,

but not greater than necessary, to comply with the

purposes discussed in 18 United States Code § 3553.

The Court also notes in the record the

submission of the letter from Ms. Laura Baker on

defendant's behalf which the Court has reviewed and

takes into consideration.

Beginning with the guideline range, and the

counsel for the parties have made reference to the

applicable range, but as set forth in Paragraph 56 of

the Presentence Report based on the total of offense

level of 21 and criminal history category of I, the

guideline imprisonment range is from a low end of 37

months to a high end of 46 months.


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Turning next to the § 3553 factors. Beginning

with the nature and circumstances of the offense, as has

already been discussed, the defendant has pled guilty to

the counts of wire fraud and money laundering against

him. His specific offense conduct has been again

discussed in court today and set forth in the

Indictment, and more particularly set forth in the

offense conduct provisions of the Presentence Report,

specifically Paragraphs 8 through 15, which the Court

has reviewed and takes into consideration as part of its

analysis of defendant's offense conduct.

In brief fashion, the defendant moved to Powell

in Knox County, Tennessee in 2005, held himself out as a

business person, specifically from February, 2007, until

December of 2011. As noted in Paragraph 9, the

defendant perpetrated a scheme whereby committing

multiple acts of wire fraud and money laundering.

Specifically, the defendant ingratiated himself

into religious communities and used the religious

affiliations to perpetrate his scheme by lulling people

into investing in or making loans to his company.

Among other things, the defendant would inform

his victims if they invested in securities in

Masterworks, the money would be used for business

activities and neither Masterworks, as a company, nor


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the defendant were registered to sell securities.

For other victims the defendant presented the

investment scheme under the guise of a short-term loan

guaranteeing high rates of return, as well as the

initial investment. Once the money was wired into the

Masterworks' account by the victim, the defendant

immediately diverted the funds for his own personal use.

Specific examples of defendant's activities are

set forth in Paragraphs 10 through 14 of the Presentence

Report.

Paragraph 17 from a victim impact statement

notes that the loss in the case, as counsel for the

government noted, is over a million dollars, as

reflected in the Plea Agreement. Paragraph 17 further

notes it appears the defendant owes a total amount of

restitution of $717,372.32.

Paragraph 68 sets forth by victim named

initials the amount of loss of various victims which the

Court notes ranges from amounts as low as $1,500 up to

amounts exceeding $65,000 per victim.

With respect to the history and characteristics

of the defendant, as noted, the defendant has no

previous criminal history thereby resulting in a

criminal history category of I.

He is currently, I believe, 45-years old. He


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has a bachelor's degree education. The defendant is

married and has four children. He graduated from high

school in South Carolina in 1984, attended Johns Hopkins

University, graduated from Texas Baptist College in

Longview, Texas.

He has a work history including self

employment, employment with two different churches and

employment related to the instant offense. He is

currently, according to the Presentence Report, working

as custodian for a department store in Indiana.

The defendant has no history of mental or

emotional problems. He has been diagnosed with deep

vein thrombosis and a pulmonary embolism and takes blood

thinners to treat these conditions, which appear to be

controlled by medication.

The defendant from a substance abuse history

reports using alcohol in college, but states he does not

currently drink alcohol and denies any use or abuse of

controlled substances.

With that background in mind, the Court turns

to the need for the sentence imposed to reflect various

factors, including the seriousness of the offense.

Having reviewed the Presentence Report, heard

from one victim who may be considered an example, if you

will, of the effect not only on that individual but on


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other victims in this case, and having heard the outline

from both parties as to defendant's offense conduct,

certainly the defendant's offense is a serious one in

which he ingratiated himself into certain communities,

in this case religious communities, and used those

affiliations to, as the Court has already noted, to

perpetrate his scheme into in effect in lulling people

into investing in or making loans to his company thereby

certainly causing harmful impact to those who made such

investments.

The Court considers the need to promote respect

for the law and provide just punishment, again taking

into consideration the seriousness of and extent of

defendant's offense conduct, again noting the loss of

over a million dollars, the multiple victims in multiple

states, and as counsel for the government noted, options

or opportunities to stop his conduct at several

intervals.

The Court also does consider in this regard

also defendant's lack of criminal history and his

acceptance of responsibility in this case.

The Court considers the need to afford adequate

deterrence, both from a general standpoint and a

specific standpoint, that is, specific to this

defendant, again taking into consideration his offense


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conduct and lack of criminal history.

The Court also considers the need to afford

adequate general deterrence, that is, to fashion a

sentence that will act as a general deterrence to others

similarly situated to this defendant who may contemplate

the undertaking of similar crimes in the future. The

Court having had before it in the past other instances

of similar types of fraud and schemes that have had a

harmful impacts on other individuals and businesses.

The Court considers the need to protect the

public from further crimes of the defendant. Again,

taking into consideration defendant's offense conduct,

his lack of criminal history and his acceptance of

responsibility.

The Court considers the need to provide the

defendant with needed training, education and medical

treatment. The Court would find in this case, or it has

already reviewed in this case defendant's lack of

substance abuse history and his employment history and

educational background.

The Court considers the need to avoid sentence

disparities, noting that the advisory guidelines are

intended in part to carry out the national policies, as

articulated by Congress, intended to be uniform across

the country to the extent possible and be based on the


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offender's actual conduct and history. In essence, as

both counsel have noted, the guideline range before the

Court is not a lengthy one, if you will, from low end to

high end, only nine months. The defendant through

counsel urges a low end guideline sentence. The counsel

for the government urges a high end guideline sentence.

After considering all the things I have

discussed, including the guideline range and relevant

§ 3553 factors and considering the arguments and

positions of the parties and considering all the § 3553

factors including, but not limited to, the seriousness

of defendant's offense conduct and the need to afford

adequate and general deterrence, the Court does find a

guideline sentence at the high end of the guidelines of

46 months to be appropriate in this case.

For all the reasons discussed, the Court finds

this sentence to be sufficient, but not greater than

necessary, to comply with the purposes of 18 United

States Code § 3553.

Accordingly, and pursuant to the Sentencing

Reform Act of 1984, it is the judgment of the Court as

to Counts 1 and 7 of the Indictment that the defendant,

Freddie Marshal Carson, is hereby committed to the

custody of the Bureau of Prisons for a term of

imprisonment of 46 months.


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It's further ordered you shall make restitution

to the victims listed in the Presentence Report in an

amount totalling $717,372.32. Restitution shall be paid

in full immediately. Any payment made that is not

payment in full shall be divided proportionally among

the persons named. The government may enforce the full

amount of restitution ordered at any time pursuant to

Title 18 United States Code § 3612, 3613 and 3664(m).

The U.S. Bureau of Prisons, the U.S. Probation

Office and the U.S. Attorney's Office shall monitor the

payment of restitution and reassess and report to the

court any material change in your ability to pay.

You shall make restitution payments from any

wages you may earn in prison in accordance with the

Bureau of Prisons Inmate Financial Responsibility

Program. Any portion of restitution not paid in full at

time of your release from imprisonment shall become a

condition of supervision.

The Court finds you do not have the ability to

pay interest on the restitution ordered and interest is

waived.

Upon release from imprisonment you shall be

placed on supervised release for a term of three years

as to each of the Counts 1 and 7 to run concurrently.

Within 72 hours of release from the custody of


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the Bureau of Prisons you shall report in person to the

probation office in the district to which you are

released.

While on supervised release you shall not

commit another federal, state or local crime, shall

comply with the standard conditions adopted by this

court in local rule 83.10 and shall not illegally

possess a controlled substance.

You shall not possess a firearm, destructive

device or dangerous weapon.

You shall cooperate in the collection of DNA,

as directed by the probation officer.

In addition, you shall comply with the

following special conditions while on supervised

release.

One, you shall pay any financial penalty

imposed by this judgment and that remains unpaid at

commencement of the term of supervised release.

Two, you shall provide the probation officer

with access to any requested financial information.

Three, you shall not incur new credit charges

on existing accounts or apply for additional lines of

credit without permission of the probation officer until

restitution has been paid in full.

In addition, you shall not enter into any


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contractual agreements obligating funds without

permission of the probation officer.

Four, you shall pay any financial penalty

imposed by this judgment. Any amount that remains

unpaid at the commencement of the term of supervised

release shall be paid on a monthly basis at the amount

of at least ten percent of your net monthly income.

Title 18 USC § 3565(b) and 3583(g) require

mandatory revocation of probation or supervised release

for possession of a controlled substance or firearm or

for refusal to comply with drug testing. The mandatory

drug testing condition is suspended in this case based

on the Court's determination the defendant poses a low

risk of future substance abuse.

Pursuant to Title 18 USC § 3013 you shall pay a

special assessment fee in the amount of $200, which

shall be due immediately. The Court finds you do not

have the ability to pay a fine and will waive the fine

in this case.

The Plea Agreement in this case is accepted.

Pursuant to the Plea Agreement the remaining counts are

dismissed.

Pursuant to Rule 32 of the Federal Rules of

Criminal Procedure, the Court advises you may have the

right to appeal the sentence imposed in this case.


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Notice of appeal must be filed within 14 days

of entry of judgment. If you request and so desire, the

Clerk of Court can prepare and file a notice of appeal

for you.

Ms. Kolman, any objection to the defendant

remaining on bond pending designation by the Bureau of

Prisons?

MS. KOLMAN: The government is fine with that

as long as he remains on the ankle bracelet monitoring.

THE COURT: Is that part of existing bond

conditions?

MR. HUTSON: It is and he is fine with that.

THE COURT: The Court will order defendant to

be released on his existing bond pending designation by

the Bureau of Prisons. The Court will include a

recommendation at the defendant's request such

designation be to the Manchester, Kentucky Federal

Prison Facility.

Ms. Kolman, does the government have any

objection to the sentence just pronounced that has not

previously been raised?

MS. KOLMAN: No. I want to clarify. I might

have misheard you. The restitution amount, the agreed

upon amount is 1,078,722.32.

You actually said the right amount. I am


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sorry. Withdraw that.

THE COURT: The total loss before the Court is

over a million dollars. The restitution amount is the

717, correct?

MS. KOLMAN: That is correct, that is my

mistake.

THE COURT: Let me repeat that again. With

that clarification, any objections to the sentence

pronounced not previously --


THE COURT: Thank you.

Mr. Hutson, does the defendant have any

objection to the sentence just pronounced that has not

previously been raised?

MR. HUTSON: He does not, Your Honor.

THE COURT: Anything further on behalf of

defendant?

MR. HUTSON: No, Your Honor. Thank you.

THE COURT: Any further from the government?


THE COURT: The Court appreciates everyone's

attendance and/or participation this afternoon.

(Court was recessed.)

I CERTIFY THAT THE FOREGOING IS AN ACCURATETRANSCRIPT OF THE RECORD OF PROCEEDINGS IN THEABOVE-ENTITLED MATTER.


Freddie Marshall Carson Transcript

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Transcript of Freddie Marshall Carson Transcript