Darin Lee McAllister, 44, Brentwood, Tenn., a FBI Special Agent, was found guilty of 15 counts of wire fraud and three counts of bankruptcy fraud by a jury in United States District Court in Nashville, Tenn. Sentencing was set for March 4, 2010, at 10:00 a.m.
McAllister faces a total of 315 years in prison and $6.5 million in fines. The maximum penalty for each violation of the wire fraud statute is 20 years in prison and a $250,00 fine. The maximum penalty for each count of bankruptcy fraud is five years in prison and a $250,000 fine. Each count also carries a mandatory $100 special assessment. The court may also order restitution to any victims of the fraud.
McAllister was indicted in May 2010 by a federal grand jury for wire fraud, bank fraud, and swearing a false oath in bankruptcy. The jury failed to reach a verdict on the bank fraud charge. He devised a wire fraud scheme to defraud SunTrust Mortgage Co., Inc. in connection with the purchase of rental properties totaling $1.25 million in May and July 2006. In addition, he devised a scheme to defraud the SunTrust Bank in connection with a $100,000 line of credit and making three false statements in connection with his subsequent bankruptcy petition in July 2009.
“The result in this case shows that no one is above the law. The actions of this federal law enforcement officer should not tarnish the good reputation of the FBI or the many fine men and women in federal law enforcement. However, anyone who violates the laws of the United States will be prosecuted regardless of his or her position,” stated U.S. Attorney Bill Killian. Killian further praised the efforts of the AUSAs and investigators for their exceptional work in prosecuting this case.
The indictment and subsequent conviction of McAllister was the result of an investigation by the Office of the Inspector General, United States Department of Justice, with the assistance of the United States Bankruptcy Trustee’s Offices in Chattanooga and Nashville. Assistant U.S. Attorneys Gary S. Humble and Steve Neff represented the United States.