THE UNITED STATES DISTRICT COURT
FOR THE WESTERN
DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CRIMINAL CASE NO.
2:13-cr-00006-MR
UNITED STATES OF AMERICA, Plaintiff vs.
NINIAN ULYSSES
BOND II, Defendant.
(1) FRAUDS AND SWINDLES
(2) FRAUD BY WIRE,
RADIO, OR TELEVISION
01/02/2015 27 SEALED DOCUMENT (Sealed - Attorney): re: 26
Sealed Sentencing Memorandum or Response by USA;
(available to: USA, Ninian
Ulysses Bond, II) (O'Malley, Thomas) (Entered: 01/02/2015)
01/02/2015 26
SEALED SENTENCING MEMORANDUM (Sealed - Attorney) by USA; (available to: USA,
Ninian Ulysses Bond, II)
(Attachments: # 1 Exhibit Exh A, # 2 Exhibit Exh B,
# 3 Exhibit Exh C, # 4 Exhibit Exh 1)(O'Malley, Thomas) (Entered: 01/02/2015)
01/02/2015 25 MEMORANDUM Regarding Loss Amount Calculations by Ninian
Ulysses Bond, II
(Attachments: # 1 Exhibit HCG Programming
12/13/11)(Devereux, Sean) (Entered: 01/02/2015)
Date Filed: 12/16/2014 Minute
Entry:
SENTENCING and Hearing on
Motion for Forfeiture of Property as to Ninian Ulysses Bond, II held before
District Judge Martin Reidinger.
Factual Basis Found.
Hearing not concluded, to be reset on a future date.
Government attorney:
Thomas O'Malley. Defendant attorney: Sean Devereux. Court Reporter:
Tracy
Dunlap. (khm) Modified to correct date of hearing on 12/17/2014 (khm).
(Entered: 12/17/2014)
11/10/2014 -
NOTICE OF HEARING ON MOTION in case as to Ninian Ulysses Bond, II
re 18 MOTION
for Forfeiture of Property
(Money Judgment) : Motion Hearing set
for 12/16/2014 03:45 PM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before
District
11/6/2014 - NOTICE OF HEARING as to Ninian
Ulysses Bond, II: Sentencing set for 12/16/2014 03:45 PM
in Courtroom 1, 100
Otis St, Asheville, NC 28801 before District Judge Martin Reidinger.
.
United States Attorney Anne M. Tompkins Western District of
North Carolina
The Defendant Unlawfully Retransmitted
Satellite TV Programming To Over 550 Customers BRYSON CITY, N.C. – A cable TV operator pleaded guilty today before U.S. Magistrate Judge Dennis L. Howell to wire fraud and mail fraud charges for fraudulently acquiring and unlawfully rebroadcasting DIRECTV satellite television programming to the customers of Highlands Cable Group, announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina. Joining U.S. Attorney Tompkins in making today’s announcement is John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division. According to the criminal indictment filed in April 2013, Ninian Ulysses Bond, II, 60, of Highlands, N.C., was the owner and principal operator of Highlands Cable Group, a company engaged in the business of providing cable TV programming to customers in Macon County, N.C. According to the indictment, from July 2002 to December 13, 2011, Bond devised and executed a fraudulent scheme to establish and maintain multiple DIRECTV residential and commercial lodging subscriber accounts for the purpose of fraudulently acquiring DIRECTV satellite TV systems. The fraudulent scheme enabled Bond to acquire and maintain over 30 DIRECTV integrated satellite receiver units and DIRECTV satellite access cards required to decode DIRECTV’s satellite TV signals. According to the indictment and today’s plea hearing, Bond used the fraudulently-acquired DIRECTV equipment to unlawfully retransmit DIRECTV’s satellite television signals to Highlands Cable Group’s subscribers. Court records show that as of December 2011, Highlands Cable Group had more than 550 customers. According to court documents and court proceedings, Bond paid DIRECTV less than $500 per month to maintain the fraudulent DIRECTV subscriber accounts. Court records indicate that Bond received monthly payments from Highlands Cable Group’s subscribers who had been receiving DIRECTV’s TV programming. According to court records, the fraudulently-acquired DIRECTV television programming that was rebroadcast to Highlands Cable Group’s subscribers was valued at over $45,000 per month, and enabled Bonds and Highlands Cable Group to unfairly compete against other local cable TV companies. At the plea hearing, the government stated that the loss attributable to the fraudulent scheme is estimated at $4.5 million. The defendant has been released on bond since May 2013. The wire fraud and mail fraud charge each carry a maximum of 20 years in prison and a $250,000 fine. A sentencing date has not been set yet. The investigation was handled by the Federal Bureau of Investigation. This prosecution was handled by Assistant U.S. Attorneys Tom O’Malley and Ben Bain-Creed of the U.S. Attorney’s Office in Charlotte.
|
.
Current Status:
Bond’s sentencing has been set for October 9 at 11:00 am in Asheville before Judge Reidinger.
Docket Text: PRESENTENCE INVESTIGATION REPORT (Final Report) (SEALED - Attorney) as to Ninian Ulysses Bond, II.
(available to USA, Ninian Ulysses Bond, II)
Schedule for Sentence on or after 7/2/2014 (Laura M Ensley - dcb)
2:13-cr-00006-MR All Defendants USA v. Bond
Date filed: 04/18/2013
Date of last filing: 06/23/2014
Ninian
Ulysses Bond, II (1)
Office: Bryson City
Filed: 04/18/2013
County: Macon Terminated:
Reopened:
Other Court Case: None
Count: 1 Citation: 18:1341.F
Offense Level: 4
FRAUDS AND SWINDLES
Count:
2 Citation: 18:1343.F Offense Level: 4
FRAUD BY WIRE, RADIO, OR TELEVISION
Defendant Custody Status: Released
Flag: VICWIT
Defendant: Ninian Ulysses Bond, II
represented by Sean P. Devereux
Phone: 828-285-9455
Fax:
828-285-9457
Email:
sdevereux@dblawoffices.com
Plaintiff: USA represented by
Benjamin Bain-Creed
Phone: 704-338-3123
Fax: 704-344-6629
Email:
benjamin.bain-creed@usdoj.gov
Plaintiff: USA represented
by Thomas A. O'Malley
Phone: 704/344-6222
Fax:
704/227-0254
Email:
tom.o'malley@usdoj.gov
U.S. District Court
Western District of North Carolina
(Bryson City)
CRIMINAL DOCKET FOR CASE #: 2:13-cr-00006-MR-1
Case title: USA v. Bond
Assigned to: District Judge Martin Reidinger
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