Rusert Court Filing

Case 2:19-cr-00218-KOB-SGC Document 1 Filed 04/24/19 Page 1 of 6 FILED
2019 Apr-24 PM 01:20

U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA )

)
v. ) Case No.
)
JEFFREY RUSERT )
INFORMATION
The United States Attorney charges that:
INTRODUCTION
1. Beginning in or about October 2014, Southern Craftsman Custom
Homes, Inc. (SCCH) registered with the Alabama Secretary of State and began
operating as a homebuilder. SCCH was primarily engaged in the business of
residential homebuilding.
2. Beginning in or about October 2014 continuing through 2018, the
defendant, JEFFREY RUSERT, (hereinafter “RUSERT”) worked as the primary
employee and/or agent of SCCH and at times presented himself as the President of
SCCH.
3. At all times relevant to this Information, RUSERT did not hold a
builder’s license because the State of Alabama Homebuilders Licensure Board
1
Case 2:19-cr-00218-KOB-SGC Document 1 Filed 04/24/19 Page 2 of 6
previously revoked RUSERT’s license to perform homebuilding services in the
State of Alabama.
4. In March 2016, SCCH opened a bank account at BancorpSouth with
RUSERT named as a signatory on the bank account.
5. As the primary employee and/or agent for SCCH, RUSERT regularly
advertised and engaged in soliciting individuals and families to hire SCCH to build
their custom residential home.
6. In 2016 and 2017, RUSERT met with numerous individuals and/or
families and entered into contracts with them to build a custom residential home. As
part of the contract, individuals and/or families agreed to and did pay SCCH a down
payment.
7. During the time that RUSERT was recruiting individuals and/or
families to hire RUSERT and SCCH, RUSERT knew that he was accepting checks
and down payments from individuals and/or families and using the proceeds on
unrelated projects or outstanding debt.
8. Additionally, RUSERT assisted individuals and/or families with
obtaining a construction loan from various financial institutions. Once the financing
was in place, RUSERT submitted false invoices and documents to the financial
institutions to obtain checks or draws from the construction loans purportedly to pay
2
for materials, labor and/or expenses associated with the particular home under
construction.
9. Between 2016 and continuing throughout 2018, RUSERT fraudulently
obtained checks and loan draws from financial institutions and from individual and
family victims and failed to pay for the materials, labor and/or expenses for the
construction of their respective homes.
COUNT ONE
[18 U.S.C. §§ 1343]
PURPOSE OF THE SCHEME AND ARTIFICE
10. From in or about October 2016 and continuing until in or about June
2018, the defendant, RUSERT, aided and abetted by others known and unknown to
the United States Attorney, knowingly devised and intended to devise a scheme and
artifice to defraud and obtain money and property by means of materially false and
fraudulent pretenses, representations, and promises.
THE SCHEME AND ARTIFICE
11. It was part of the scheme and artifice that the defendant, RUSERT,
recruited individuals and/or families to use SCCH and RUSERT as their
homebuilder.
induced individuals and/or families to sign a contract with SCCH and RUSERT.
3
induced the individuals and families to pay SCCH and RUSERT a down payment.
14. It was further part of the scheme and artifice that the defendant,
RUSERT, assisted individuals and families with obtaining a construction loan to
finance the construction of their custom home.
RUSERT, submitted false and fraudulent invoices to individuals, families and/or
directly to financial institutions to obtain checks or draws from the construction
loans purportedly to pay for materials, labor and/or expenses associated with the
respective home under construction.
RUSERT, used the money obtained from individuals, families and financial
institutions to pay for unrelated projects, outstanding debt and personal expenses.
WIRE TRANSMISSION
17. On or about September 18, 2017, within the Northern District of
Alabama and elsewhere, the defendant,
JEFFREY RUSERT
for the purpose of executing the above described scheme and artifice to defraud and
to obtain money and property by means of false and fraudulent pretenses,
representations and promises, did knowingly and willfully transmit and cause to be
4
transmitted by means of wire communications in interstate commerce, that is
defendant caused check number 867657 in the amount of $71,909.07 to be deposited
into the SCCH bank account at BancorpSouth ending 9460.
All in violation of Title 18, United States Code, Section 1343.
NOTICE OF FORFEITURE:
Forfeiture – 18 U.S.C. § 981(a)(1), § 982(a)(2)(A),
and 28 U.S.C. §2461(c)
1. The allegations Count One of this Information are re-alleged and
incorporated by reference as though set forth fully herein for the purpose of alleging
forfeiture to the United States pursuant to the provisions of Title 18, United States
Code, Sections 981(a)(1), 982(a)(2)(A) and Title 28 United States Code, Section
2461(c).
2. Pursuant to Rule 32.2(a), Fed. R. Crim. P., the defendant,
JEFFREY RUSERT
is hereby notified that, upon conviction of the offense set forth in this Information,
he shall forfeit to the United States any property, real or personal, that constitutes or
is derived from, directly or indirectly, proceeds traceable to the commission of the
said violations, including but not limited to the following:
JUDGMENT FOR PROCEEDS:
A sum of money equal to at least $1,340,749.14 in United States currency,
representing the amount of proceeds obtained as a result of the offenses alleged.
5
3. If any of the above-described forfeitable property, as a result of any act
or omission of the defendant:
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;
it is the intent of the United States, pursuant to Title 21, United States Code, Section
853(p), to seek forfeiture of any other property or said defendant up to the value of
the forfeiture property described above.
All in accordance with Title 18, United States Code, Sections 981(a)(1),
982(a)(2)(A), and Title 28, United States Code, Section 2461(c), and Rule 32.2,
Federal Rules of Criminal Procedure.
JAY E. TOWN
United States Attorney
/s/ Electronic Signature

ROBIN B. MARK
Assistant United States Attorney

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Case 2:19-cr-00218-KOB-SGC Document 1 Filed 04/24/19 Page 1 of 6 FILED

2019 Apr-24 PM 01:20

UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA )

The United States Attorney charges that:

1. Beginning in or about October 2014, Southern Craftsman Custom

operating as a homebuilder. SCCH was primarily engaged in the business of

2. Beginning in or about October 2014 continuing through 2018, the

defendant, JEFFREY RUSERT, (hereinafter “RUSERT”) worked as the primary

3. At all times relevant to this Information, RUSERT did not hold a

builder’s license because the State of Alabama Homebuilders Licensure Board

previously revoked RUSERT’s license to perform homebuilding services in the

4. In March 2016, SCCH opened a bank account at BancorpSouth with

RUSERT named as a signatory on the bank account.

5. As the primary employee and/or agent for SCCH, RUSERT regularly

their custom residential home.

6. In 2016 and 2017, RUSERT met with numerous individuals and/or

7. During the time that RUSERT was recruiting individuals and/or

unrelated projects or outstanding debt.

8. Additionally, RUSERT assisted individuals and/or families with

9. Between 2016 and continuing throughout 2018, RUSERT fraudulently

construction of their respective homes.

PURPOSE OF THE SCHEME AND ARTIFICE

fraudulent pretenses, representations, and promises.

THE SCHEME AND ARTIFICE

recruited individuals and/or families to use SCCH and RUSERT as their

RUSERT, assisted individuals and families with obtaining a construction loan to

finance the construction of their custom home.

RUSERT, submitted false and fraudulent invoices to individuals, families and/or

directly to financial institutions to obtain checks or draws from the construction

respective home under construction.

17. On or about September 18, 2017, within the Northern District of

Alabama and elsewhere, the defendant,

to obtain money and property by means of false and fraudulent pretenses,

transmitted by means of wire communications in interstate commerce, that is

defendant caused check number 867657 in the amount of $71,909.07 to be deposited

into the SCCH bank account at BancorpSouth ending 9460.

All in violation of Title 18, United States Code, Section 1343.

1. The allegations Count One of this Information are re-alleged and

2. Pursuant to Rule 32.2(a), Fed. R. Crim. P., the defendant,

is derived from, directly or indirectly, proceeds traceable to the commission of the

said violations, including but not limited to the following:

JUDGMENT FOR PROCEEDS:

A sum of money equal to at least $1,340,749.14 in United States currency,

representing the amount of proceeds obtained as a result of the offenses alleged.

3. If any of the above-described forfeitable property, as a result of any act

or omission of the defendant:

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;

the forfeiture property described above.

Federal Rules of Criminal Procedure.

/s/ Electronic Signature

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