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Disbarred Colorado Attorney Robert McAllister Indicted

LAW WEEK COLORADO

Robert T. McAllister, a former Colorado federal prosecutor who was disbarred earlier this year after converting client funds to his own use, has been indicted on charges of wire fraud, money laundering and bankruptcy fraud relating to a client whose assets were frozen in a Federal Trade Commission matter.

According to a press release issued by Kansas U.S. Attorney Barry Grissom, McAllister was charged with two counts of conspiracy, nine counts of wire fraud, four counts of interstate transportation of stolen money, 12 counts of money laundering, one count of bankruptcy fraud and one count of concealing assets in a bankruptcy. If convicted, he faces up to 20 years in prison and $250,000 in fines.

McAllister’s latest legal problems stem from his representation of Richard C. Neiswong, 60, a resident of Las Vegas who marketed and sold business training courses and affiliations.

The indictment alleges McAllister represented Neiswonger when in 1996 the Federal Trade Commission brought an action against Neiswonger to obtain preliminary and permanent injunctive and other relief from Neiswonger’s deceptive business acts. In 2006, the FTC filed a civil contempt action against Neiswonger alleging he violated the injunction by marketing training and business opportunities through misrepresentations. A federal judge in the Eastern District of Missouri ordered Neiswonger’s assets frozen.

“Shortly after the assets were frozen, McAllister and the Neiswongers began to circumvent the restraining order by transferring money to McAllister from accounts over which Shannon Neiswonger had control for the purpose of concealing from the FTC and the court that the restraining order was being violated,” Grissom said.

The indictment also alleges McAllister and Elizabeth Whitney entered into a second conspiracy to embezzle more than $1 million that McAllister received from the Neiswongers and to conceal the theft.

The case was filed in November in Colorado’s federal district court and hasn’t received publicity in Colorado because Grissom posted the news release in Kansas. Grissom is prosecuting the case because McAllister was a former deputy in the Colorado office of the U.S. Attorney.

Read the indictment here.

Read the Kansas U.S. Attorney’s press release below, and here. 

Colorado Attorney, Business Associates
Indicted On Financial Fraud Charges

FOR IMMEDIATE RELEASE

 

Nov. 16, 2011

DENVER, COLO. – A Colorado attorney and his business associates have been indicted on financial fraud charges, U.S. Attorney Barry Grissom said today. Prosecutors from Grissom’s office have been appointed special counsel on the case.

Robert T. McAllister, 61, Denver, is charged in a superseding indictment with two counts of conspiracy, nine counts of wire fraud, four counts of interstate transportation of stolen money, 12 counts of money laundering, one count of bankruptcy fraud and one count of concealing assets in a bankruptcy.

Also charged are:

Richard C. Neiswonger, 60, a resident of Las Vegas who marketed and sold business training courses and affiliations: One count of conspiracy, three counts of wire fraud and three counts of interstate transportation of stolen money.
Shannon Neiswonger, 38, wife of Richard Neiswonger, who controlled certain financial accounts including the Rishne Limited Partnership account and the Admark, Inc., account.
Elizabeth Whitney, 58, Denver, a business associate of Robert McAllister in McCallister Properties, LLC, who assisted McAllister in acquiring and flipping real estate and holding and transferring money as McAllister directed: Two counts of conspiracy, 12 counts of money laundering, six counts of wire fraud, one count of interstate transportation of stolen money, one count of bankruptcy fraud and one count of concealing assets in a bankruptcy.

The indictment alleges McAllister represented Richard Neiswonger when in 1996 the Federal Trade Commission brought an action against Neiswonger to obtain preliminary and permanent injunctive and other relief from Neiswonger’s deceptive business acts. In 2006, the FTC filed a civil contempt action against Neiswonger alleging he violated the injunction by marketing training and business opportunities through misrepresentations. A federal judge in the Eastern District of Missouri ordered Neiswonger’s assets frozen.

Shortly after the assets were frozen, McAllister and the Neiswongers began to circumvent the restraining order by transferring money to McAllister from accounts over which Shannon Neiswonger had control for the purpose of concealing from the FTC and the court that the restraining order was being violated.

The indictment also alleges McAllister and Elizabeth Whitney entered into a second conspiracy to embezzle more than $1 million that McAllister received from the Neiswongers and to conceal the theft.

Upon conviction, the maximum term of imprisonment is 20 years and a fine of up to $250,000.

The FBI, IRS-Criminal Investigations and the Securities Exchange Commission investigated. Assistant U.S. Attorney Richard Hathaway and Assistant U.S. Attorney Christine Kenney are serving as Special Attorneys to prosecute the case.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

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