United States Attorney Madison Sewell filed charges Sept. 17 in the United States District Court, Western District of Kentucky, against two Christian County residents.
Marvin and Cynthia Upton, Crofton, were both charged with conspiracy, bank fraud and false tax returns.
According to U.S. district court paperwork obtained by the New Era, from around April 2013 through March 2016, both individuals conspired with each other to execute a scheme to defraud a person named as “D.G.” in the charges.
According to the charges, D.G. was suffering from dementia while the individuals conspired to “deceive or cheat” for financial gain.
The first charge is the conspiracy to commit bank fraud. The pair allegedly deceived D.G. to issue checks from a First United Bank account in Madisonville, totaling $344,900 between April 2013 to September 2014.
From around May 2013 through March 2016, the pair allegedly had D.G. withdraw $187,000 in cash and $72,505 in cashier’s checks from a Fifth Third Bank account in Nortonville.
The charges state that a vast majority of that sum was provided to Marvin and Cynthia Upton.
The charges go on to state that the pair caused D.G. to sign power of authority over to one of the individuals “which Cynthia Upton used to withdraw $41,873.67 of D.G.’s retirement assets from United Southern Bank in Crofton … “
The charges also state that from around April 2013 through September 2014, under materially false and fraudulent pretenses, the pair allegedly issued checks to themselves to the amount of $344,900. This bank fraud charge total correlates with the conspiracy to commit bank fraud.
Sewell charged the couple with two more bank fraud charges. Each of the three conspiracy charges are also bank fraud charges.
In total, Sewell claims the individuals stole around $646,000 from D.G. and also filed false tax returns.
The charges state that around February 2014, the individuals filed a joint tax return for the 2013 calendar year that they did not believe to be true. The individuals failed to disclose that they had received around $122,810 from D.G.
That total included $4,650 for “Cindy’s Cleaning Services,” although the charges do not expand on the company or services.
Around February 2015, the individuals allegedly failed to report $321,505 — received from D.G. — to the Internal Revenue Service, according to the charges. $43,000 of that some was also for Cindy’s Cleaning Services.
Around January 2016, the individuals failed to report that they has allegedly received around $243,142 from D.G.
According to the notice of forfeiture, both Marvin and Cynthia must forfeit any property or proceeds obtained from the allegedly violations to the U.S.
The Marvin and Cynthia are set for arraignment together Wednesday at the U.S. district court in Paducah.