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jkline

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Posts: 93
Reply with quote  #1 
Hi fellow vicitims.  I just received this email from the DOJ-- it was in my spam filter, so almost missed it.  I encourage everyone to file a statement.

DO NOT REPLY TO THIS EMAIL.

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November 04, 2019
U.S. Department of Justice
Western District of Texas in Austin
903 San Jacinto
Ste. 334
Austin, TX 78701
Fax: (512) 916-5854
Email: USATXW.BullionDirectVictimAssistance@USDOJ.gov

J -------

Re:United States v. Defendant(s) Charles "Chad" McAllister
Case Number 2015R11740 and Court Docket Number 18-CR-00016

Dear J---:

The enclosed information is provided by the United States Department of Justice Victim Notification System (VNS). As a victim witness professional, my role is to assist you with information and services during the prosecution of this case. I am contacting you because you were identified by law enforcement as a victim or potential victim during the investigation of the above criminal case.

Charges have been filed against defendant(s) Charles "Chad" McAllister. The lead prosecutor for this case is Dan Guess. The main charge is categorized as Other White Collar Crime/Fraud.
Specifically, Charles McAllister, the CEO of Bullion Direct, was indicted on charges of Wire Fraud and knowingly Engaging in a Monetary Transaction with criminally derived property. Because there are so many victims in this financial fraud prosecution, we will only be able to send one notification letter by U.S. mail. Subsequent notifications, will be sent by e-mail. Please note, that you can only see the additional language added to the form letters and documents we download to the Victim Notification System (VNS) website, if you login to the VNS website at(www.notify.usdoj.gov) and verify that the e-mail address is correct. You will need your Victim Identification Number (VIN) and Personal Identification Number (PIN), which you will see in the second to last paragraph of this letter.

Victims of all crimes under federal investigation are entitled to services under the Victims' Rights and Restitution Act (VRRA), including notification of court events. For further details, please refer to Title 34 United States Code section 20141 or the VRRA link posted at https://www.notify.usdoj.gov.

Now that charges have been filed in federal court, victims of the charges filed are, in addition, entitled to the following rights, according to the Crime Victims' Rights Act, Title 18 United States Code section 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; (8) The right to be treated with fairness and with respect for the victim's dignity and privacy; (9) The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement; and (10) The right to be informed of the rights under this section and the services described in section 503(c) of the Victims' Rights and Restitution Act of 1990 (34 U.S.C. 20141(c)) and provided contact information for the Office of the Victims' Rights Ombudsman of the Department of Justice.

Please understand that these rights apply only to victims of the counts charged in federal court, and thus you may not be able to exercise all of these rights if the crime of which you are a victim was not charged. In any event, we will continue to provide you with notifications and services unless you tell us not to. We will make our best efforts to ensure you are provided the rights and services to which you are entitled. You may contact the Victim/Witness Coordinator at the office listed above if you have questions about the progress of your case, your rights or the services to which you are entitled, or how you can assert them during the proceedings. If you believe that a Justice Department employee has not provided you with these rights, you may file a complaint with the Justice Department's Victims' Rights Ombudsman. For more information, go to http://www.justice.gov/usao/resources/crime-victims-rights-ombudsman. If you have questions about filing a complaint against an employee, you may contact the Ombudsman by email at usaeo.VictimOmbudsman@usdoj.gov. Questions concerning this case should be directed to office listed above.

It is important to keep in mind that the defendant(s) are presumed innocent until proven guilty and that presumption requires both the Court and our office to take certain steps to ensure that justice is served. While our office cannot act as your attorney or provide you with legal advice, you can seek the advice of an attorney with respect to the rights above or other related legal matters.

Additionally, please be aware that most criminal cases are resolved by a plea agreement between the United States Attorney's Office and the defendant. You should also know that it is not unusual for a defendant to seek to negotiate a plea agreement shortly before a trial is scheduled to begin. Plea agreements can be made at any time and as late as the morning of trial, leaving little or no opportunity to provide notice to you of the date and time of the plea hearing. If the court schedules a plea hearing in this case, we will use our best efforts to notify you of available information as soon as practicable. If you want to inform the prosecutor of your views regarding potential plea agreements, or any other aspect of the case, please contact the prosecutor assigned to this case or me.

Custody of a defendant during a federal criminal case is determined by the Court and is managed by the United States Marshal Service. Custody status of a defendant is subject to change during the course of the criminal proceedings. To receive the timeliest update to your case, please provide and verify your email address, as instructed below.

As of January 23, 2018, Charles "Chad" McAllister is not in the custody of the U.S. Marshal Service. The court, having reviewed the relevant information pertaining to the case, permitted the defendant to remain out of custody during the court proceedings.

On October 4, 2019, a jury returned the following verdict(s) involving the defendant, Charles "Chad" McAllister:

Number of
Charges
Description of Charge(s)Disposition
1Monetary transactions with property from unlawful actGuilty
2Fraud by wire, radio, or televisionGuilty

We have downloaded the press release about the jury verdict, issued by the Austin U.S. Attorney's Office, to the Victim Notification System (VNS) website. We have also downloaded the criminal Indictment, and a letter from U.S. Probation Officer Agustin Marquez, which addresses losses and restitution. (As you are probably aware, the civil bankruptcy case against Charles McAllister was completed and assets were distributed earlier this year. The criminal prosecution and civil bankruptcy case are totally separate litigations. Please direct any questions about the bankruptcy case to the Trustee at BullionDirectTrust.com.)
After the defendant is sentenced, we will also download a copy of the Criminal Judgment, issued by the Court, to the VNS website, for your convenience.

The sentencing hearing for defendant(s), Charles "Chad" McAllister, has been set for December 19, 2019, 09:00 AM at US Courthouse, 501 W. 5th St., Austin, TX 78701 before Judge Lee Yeakel. You are welcome to attend this proceeding; however, unless you have received a subpoena, your attendance is not required by the Court. If you plan on attending, you may want to verify the date and time by using the VNS Call Center or website. If you are a victim of the charged offense(s) and wish to speak at sentencing, please call our office well in advance of the scheduled hearing date.

You also have the right to submit a written VICTIM IMPACT STATEMENT. This statement is important to us in the federal criminal justice system because it reflects what you, as a victim of crime, have had to personally endure as a result of this crime. To assist you in preparing your statement, we have enclosed a Victim Impact Statement brochure. When you write, or preferably type, your Victim Impact Statement to Judge Lee Yeakel, be sure to put the defendant's name and criminal docket number A-18-CR-016-LY, at the top of your statement. We will forward your Victim Impact Statement to the United States Probation Office and it will become a part of the Pre-Sentence Report, reviewed by the Judge before sentencing the defendant. Your statement will become a formal part of the court record, and as such, can be seen by the defendant and his attorney. In preparing your statement, you may want to think about how this crime has affected your life and made you feel. For your convenience, just e-mail or scan any questions or your completed Victim Impact Statement to the Austin U.S. Attorney's Office, Victim Assistance Office at USATXW.BullionDirectVictimAssistance@ USDOJ.GOV, before the December 19, 2019 sentencing hearing. If you prefer to submit your Victim Impact Statement by U.S. mail, then address it to: USAO, Attn: Victim Assistance Unit, 903 San Jacinto, Suite 334, Austin, TX 78701

We also need to mention there is a specific sentencing issue associated with the fraud committed by Charles McAllister and Bullion Direct, Inc. (BDI). As part of the sentencing process, the district court will consider if the fraud committed by "Chad" McAllister, resulted in a "substantial financial hardship" to one or more victims. The court will consider, among other factors, whether the fraud resulted in a victim: (1) becoming insolvent; (2) filing for bankruptcy under the Bankruptcy Code; (3) suffering substantial loss of a retirement, education, or other saving or investment fund; (4) making substantial changes to his or her employment, such as postponing retirement plans; (5) making substantial changes to his or her living arrangements, such as relocating to a less expensive home; and/or (6) suffering substantial harm to his or her ability to obtain credit. Please keep these issues in mind as you write you Victim Impact Statement.

A United States Probation Officer prepares a report for the Court and may contact you to discuss the impact the crime had on you financially, physically, and/or emotionally. If you are contacted, please make every effort to provide accurate and detailed information.

Because of the Court's schedule, hearing dates could change on very short notice. If you plan on attending, you may want to call the VNS Call Center or check the website to confirm the date and time. Please note, there is a 24-hour delay in information transfer to the website.

Through the Victim Notification System (VNS) we will continue to provide you with updated scheduling and event information as the case proceeds through the criminal justice system. You may obtain current information about this case on the VNS website at https://www.notify.usdoj.gov or from the VNS Call Center at 1-866-DOJ-4YOU (1-866-365-4968) (TDD/TTY: 1-866-228-4619) (International: 1-502-213-2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notification program.

The email address VNS currently has for you is jk-------. If this address is correct and you have not received an email from VNS within four days of the date of this letter, please check your junk/spam folder and accept emails from fedemail@vns.usdoj.gov. If the email address provided above is incorrect, please update the email address by accessing the VNS Web site. This email address has not been verified in VNS and future emails will not contain details about the nature of the notification. To receive subsequent emails with the full text of the notification you must verify this email address by accessing the VNS Internet web page using the login information provided above.

Once you have verified/updated your email address, most, if not all, future notifications will be provided by email and not by letter. If you do not verify your email address, VNS will continue (in most cases) to send letter and email notifications. However, when an email address is not verified, future emails will not contain details about the nature of the notification. In order to continue to receive notifications, it is your responsibility to keep your contact information current.

You will use your Victim Identification Number (VIN) '57----' and Personal Identification Number (PIN) '4--' anytime you contact the Call Center and the first time you log into VNS on the website. If you are receiving notifications with multiple victim ID/PIN codes please contact the VNS Call Center. In addition, the first time you access the VNS website, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is Kline.

Remember, VNS is an automated system and cannot answer questions. If you have other questions which involve this matter, please contact this office at the number listed above.

Sincerely,

Kathi West
Victim Witness Coordinator

If you do not want to receive email notifications from the Victim Notification System (VNS) please log into the VNS Web site at https://www.notify.usdoj.gov, select "My Information", remove your email address and click the "update" button. If you remove your email address, you will continue to receive letters from VNS except in those case which have large numbers of victims. To change your email address, select "My Information", provide a new address and click the "update" button.

If you do not want to receive any notifications in your case, select "Stop Receiving Notifications" and follow the instructions on the screen.

If you believe you have received this email in error, please contact the office listed at top of the email message.

Please note, if this is the first notification you have received from VNS you will need to wait 4-8 hours from receipt of this email before you can login to the VNS Internet site (https://www.notify.usdoj.gov). In addition, it will also be 4-8 hours before any documents which may have been uploaded to VNS as part of this notification are available under the "Downloads/Links" section on the Web page.

Please call the Victim Notification System (VNS) Help Desk at phone number 1-866-625-1631 for assistance and questions.

Attachments have been referenced with this notification and are available on the VNS Internet site (or will be available within 8 hours). After you log into the website select "Downloads/Links" to view the attachments.
 
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au

Member
Registered:
Posts: 36
Reply with quote  #2 
Thanks JK.  I also received the same email today.  I will be filing a VIM (Victim Impact Statement) to the Judge.  I would encourage others to do so, too. 

I can speak for myself that this has caused me a lot of hardship over the past many years.  My VIM letter will be addressing the specifics in my case.

Amazing that it was over 4 years ago that I first visited my local FBI office.  Justice is proceeding on.  -au
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Lars

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Posts: 39
Reply with quote  #3 
I received this as well.  It's going to cost me some leave and a bunch of gas money, but I'm going to try my best to make it there to speak at his sentencing.  If my efforts add a single day to this turd's stay in prison, it will be worth it.
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Robbed

Junior Member
Registered:
Posts: 3
Reply with quote  #4 
Questions I have are.......
1) anyone testifying on the criminal case? I saw one defense was that the prosecutor did not interview any of the victims.
2) I guess it's safe to take a writeoff in 2019 as what little funds there were, were disbursed(If any). This hurt with no real recourse.
3) should we be doing anything else?
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jkline

Member
Registered:
Posts: 93
Reply with quote  #5 
@Rob-- the trial is over, all that is left is sentencing.

File your victim impact statement.  I got an email and snail mail about that from the DOJ.  Not sure if it matters, but I mentioned in it that I want restitution for all of us that were defrauded.

The judge might make that part of the sentence.  So whenever he gets out, he has to pay us all back.
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Nuke Dukem

Junior Member
Registered:
Posts: 2
Reply with quote  #6 
I have not checked this site in months so I'm finding out today that Charles was convicted. Thanks to the court and jury for seeing through the BS. I will be filing a victim impact statement and hope he gets the maximum sentence, he does not deserve any mercy. Thanks to JG for following the case from the beginning and for the other data about bullion dealers. Now it's time to celebrate this bastards conviction.

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au

Member
Registered:
Posts: 36
Reply with quote  #7 

I summarized my VIM to the Court.  I've taken detailed electronic notes for the past 4+ years, like an attorney, they came in handy.

The DOJ email/letter is quite long, but very thorough.  Just a friendly reminder, as you write your VIM, also think about your personal situation in regards to any of the 5 factors below:

"We also need to mention there is a specific sentencing issue associated with the fraud committed by Charles McAllisterand Bullion Direct, Inc. (BDI). As part of the sentencing process, the district court will consider if the fraud committed by "Chad" McAllister, resulted in a "substantial financial hardship" to one or more victims. The court will consider, among other factors, whether the fraud resulted in a victim: (1) becoming insolvent; (2) filing for bankruptcy under the Bankruptcy Code; (3) suffering substantial loss of a retirement, education, or other saving or investment fund; (4) making substantial changes to his or her employment, such as postponing retirement plans; (5) making substantial changes to his or her living arrangements, such as relocating to a less expensive home; and/or (6) suffering substantial harm to his or her ability to obtain credit. Please keep these issues in mind as you write you Victim Impact Statement.

I suspect many of the 6000+ McCallister/BDI victims can show various evidence and examples of these factors above.  Let the Court know.

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