Case 9:20-cr-00032-DWM Document 2 Filed 07/22/20 Page 1 of 10

FILED
TIMOTHY J. RACICOT
Assistant U.S. Attorney /JUL 22 2020
U.S. Attorney's Office Clerk, U.S Courts
P.O. Box 8329 District Of Montana
Missoula Division
Missoula, MT 59807
105 E. Pine, 2d Floor
Missoula, MT 59802
Phone: (406) 542-8851
Fax: (406)542-1476
E-mail: [email protected]

ATTORNEY FOR PLAINTIFF

UNITED STATES OF AMERICA

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

UNITED STATES OF AMERICA, CR20- 3~ -M- bWM

Plaintiff, INDICTMENT

vs. WIRE FRAUD (Count I)

Title 18 U.S.C. § 1343
(Penalty: 20 years imprisonment, $250,000
MATTHEW ANTHONY
fine, and three years supervised release)
MARSHALL,
MONEY LAUNDERING (Counts II-VII)
Defendant. Title 18 U.S.C. § 1957
(Penalty: Ten years imprisonment,
$250,000 fine, three years supervised
release)

TAX EVASION (Counts VIII-X)

Title 26 U.S.C. § 7201
(Penalty: Five years imprisonment,
$100,000 fine, and three years supervised
release)

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FORFEITURE
Title 18 U.S.C. § 981(a)(l)(C)
Title 28 U.S.C. § 2461(c)
Title 18 U.S.C. § 982(a)(l)

THE GRAND JURY CHARGES:

COUNT!
THE SCHEME TO DEFRAUD

Beginning on or about April 20, 2013, and continuing until on or about

March 21, 2016, at Whitefish, within Flathead County, in the State and District of

Montana, and elsewhere, the defendant, MATTHEW ANTHONY MARSHALL,

with the intent to defraud, knowingly devised a scheme and plan for obtaining

money and property by means of material false and fraudulent pretenses,

representations, promises, and omissions, and in doing so caused wire

communications to be transmitted in interstate commerce.

To execute the scheme, the defendant, MATTHEW ANTHONY

MARSHALL, convinced John Doe (true name withheld to protect privacy) he was

a former CIA agent and a former member of an elite Force Reconnaissance unit in

the United States Marine Corps who had engaged in covert missions around the

world. In truth and in fact, MARSHALL was never employed as a CIA agent and

never employed, deployed or otherwise associated with an elite Force

Reconnaissance unit in the United States Marine Corps.

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To further execute the scheme, MARSHALL asked John Doe to fund "off

the books" missions for the CIA, which MARSHALL said would involve assault

teams that he would lead on rescue and other operations in foreign countries.

Based on MARSHALL' s material false and fraudulent pretenses,

representations, promises, and omissions, John Doe wired large sums of money to

MARSHALL on at least six separate occasions, all under the guise of funding

missions described by MARSHALL. The total amount provided by John Doe to

MARSHALL for the "missions" was approximately $2,355,000. MARSHALL did

not conduct any of the "missions" and used the money he received from John Doe

for personal living expenses, personal travel, and loans and gifts to friends and

business associates.

INTERSTATE WIRES

On or about March 21 , 2016, at Whitefish, within Flathead County, in the

State and District of Montana, the defendant, MATTHEW ANTHONY

MARSHALL, for the purpose of executing the aforementioned scheme, knowingly

caused to be transmitted in interstate commerce a wire communication, specifically

an online communication from John Doe in Montana to Wells Fargo Bank in San

Francisco, California, which prompted a wire transfer of $255,000 from Wells

Fargo Bank in California to MARSHALL's checking account at Old National

Bank in Indiana, account number ending in 9053, in violation of 18 U.S.C. § 1343.

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COUNT II

On or about January 20, 2016, at Whitefish, in Flathead County, in the State

and District of Montana, the defendant, MATTHEW ANTHONY MARSHALL,

knowingly engaged in a monetary transaction by, through, and to a financial

institution, with criminally derived property of a value greater than $10,000,

affecting interstate and foreign commerce, that is, he transferred $300,000 from his

Wells Fargo Bank savings account, account number ending in 8645, to his Wells

Fargo Bank checking account, account number ending in 5396, such money having

been derived from specified unlawful activity, that is the wire fraud scheme as

described in count I, in violation of 18 U.S.C. § 1957.

COUNT III

On or about January 20, 2016, at Whitefish, in Flathead County, in the State

and District of Montana, the defendant, MATTHEW ANTHONY MARSHALL,

knowingly engaged in a monetary transaction by, through, and to a financial

institution, with criminally derived property of a value greater than $10,000,

affecting interstate and foreign commerce, that is, he presented check number

1725, drawn on his Wells Fargo Bank account, account number ending in 5396, in

the amount of $300,000, to High Threat Concealment, such money having been

derived from specified unlawful activity, that is the wire fraud scheme as described

in count I, in violation of 18 U.S.C. § 1957.

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COUNT IV

On or about February 12, 2016, at Whitefish, in Flathead County, in the

State and District of Montana, the defendant, MATTHEW ANTHONY

MARSHALL, knowingly engaged in a monetary transaction by, through, and to a

financial institution, with criminally derived property of a value greater than

$10,000, affecting interstate and foreign commerce, that is, he presented check

number 1737, drawn on his Wells Fargo Bank account, account number ending in

5396, in the amount of $37,697, to Eisinger Motors, such money having been

derived from specified unlawful activity, that is the wire fraud scheme as described

in count I, in violation of 18 U.S.C. § 1957.

COUNTY

On or about April 5, 2016, at Kalispell, in Flathead County, in the State and

District of Montana, the defendant, MATTHEW ANTHONY MARSHALL,

knowingly engaged in a monetary transaction by, through, and to a financial

institution, with criminally derived property of a value greater than $10,000,

affecting interstate and foreign commerce, that is, he deposited $200,000 into his

Wells Fargo Bank savings account, account number ending in 8645 , such money

having been derived from specified unlawful activity, that is wire fraud as

described in count I, in violation of 18 U.S.C. § 1957.

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COUNT VI

On or about April 29, 2016, at Kalispell, in Flathead County, in the State and

District of Montana, the defendant, MATTHEW ANTHONY MARSHALL,

knowingly engaged in a monetary transaction by, through, and to a financial

institution, with criminally derived property of a value greater than $10,000,

affecting interstate and foreign commerce, that is, he transferred $140,000 from his

Wells Fargo Bank savings account, account number ending in 8645, to his Wells

Fargo Bank checking account, account number ending in 5396, such money having

been derived from specified unlawful activity, that is wire fraud as described in

count I, in violation of 18 U.S.C. § 1957.

COUNT VII

On or about April 29, 2016, at Whitefish, in Flathead County, in the State

and District of Montana, the defendant, MATTHEW ANTHONY MARSHALL,

knowingly engaged in a monetary transaction by, through, and to a financial

institution, with criminally derived property of a value greater than $10,000,

affecting interstate and foreign commerce, that is, he presented check 1776, drawn

on his Wells Fargo Bank checking account, account number ending in 5396, in the

amount of $132,000, to John Maguire, which constituted a loan to Maguire, such

money having been derived from specified unlawful activity, that is wire fraud as

described in count I, in violation of 18 U.S.C. § 1957.

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COUNT VIII

That on or about January 5, 2015, at Whitefish, in Flathead County, in the

State and District of Montana, the defendant, MATTHEW ANTHONY

MARSHALL, did willfully attempt to evade and defeat a large part of the income

tax due and owing by him to the United States of America for the calendar year

2013, by filing and causing to be filed with the Internal Revenue Service a false

and fraudulent United States Individual Income Tax Return, Form 1040, wherein

he failed to report all his taxable income for the calendar year 2013, and as he then

and there well knew and believed, there was an additional tax due and owing to the

United States of America, resulting in a loss to the United States of America of

approximately $356,756, in violation of 26 U.S.C. § 7201.

COUNT IX

That on or about February 16, 2015, at Whitefish, in Flathead County, in the

State and District of Montana, the defendant, MATTHEW ANTHONY

MARSHALL, did willfully attempt to evade and defeat a large part of the income

tax due and owing by him to the United States of America for the calendar year

2014, by filing and causing to be filed with the Internal Revenue Service a false

and fraudulent United States Individual Income Tax Return, Form 1040, wherein

he failed to report all his taxable income for the calendar year 2014, and as he then

and there well knew and believed, there was an additional tax due and owing to the

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United States of America, resulting in a loss to the United States of America of

approximately $153,992, in violation of 26 U.S.C. § 7201.

COUNTX

That on or about April 28, 2016, at Whitefish, in Flathead County, in the

State and District of Montana, the defendant, MATTHEW ANTHONY

MARSHALL, did willfully attempt to evade and defeat a large part of the income

tax due and owing by him to the United States of America for the calendar year

2015, by filing and causing to be filed with the Internal Revenue Service a false

and fraudulent United States Individual Income Tax Return, Form 1040, wherein

he failed to report all his taxable income for the calendar year 2015, and as he then

and there well knew and believed, there was an additional tax due and owing to the

United States of America, resulting in a loss to the United States of America of

approximately $294,714, in violation of 26 U.S.C. § 7201.

FORFEITURE

Upon conviction of the wire fraud offense set forth in count I, the defendant,

MATTHEW ANTHONY MARSHALL, shall forfeit to the United States, pursuant

to 18 U.S.C. § 981(a)(l)(C) and 28 U.S.C. § 2461(c), any property, real or

personal, which constitutes or is derived from proceeds traceable to the offense.

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The United States of America, pursuant to 21 U.S.C. § 853(p), shall be

entitled to forfeiture of substitute property if any of the property that is subject to

forfeiture:

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.

Upon conviction of the money laundering offenses set forth in counts II

through VII of this indictment, the defendant, MATTHEW ANTHONY

MARSHALL, shall forfeit to the United States, pursuant to 18 U.S.C. § 982(a)(l),

all right, title, and interest in property, real and personal, involved in said

violations, or any property traceable to such property.

The United States of America, pursuant to 21 U.S.C. § 853(p), shall be

entitled to forfeiture of substitute property if any of the property that is subject to

forfeiture:

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

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e. has been commingled with other property which cannot be

divided without difficulty.

A TRUE BILL.
Foreperson signature redacted. Original document filed under seal.

United States Attorney

w~ ✓

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