NEW ORLEANS—MICHAEL B. SMUCK, age 61, of Metairie, Louisiana, was charged in a one count bill of information with mail fraud, announced U.S. Attorney Jim Letten.
According to the bill of information, SMUCK owned and operated MBS Realty Investors, LTD and MBS Management Services, Inc. located at One Galleria Blvd, Metairie, LA. One of the real estate investment partnerships operated by SMUCK, MBS Realty Investors, LTD and MBS Management Services, Inc. was called MBS-Briar Meadows, LTD which owned an apartment community in Houston, TX. The bill alleges that beginning on or about May 30, 2007 and continuing until on or about September 29, 2007, SMUCK devised a scheme to defraud in order to obtain approximately $3,477,980.00 in investor property to pay company debts unrelated to the Briar Meadows partnership. According to the bill, SMUCK sold the property known as Briar Meadows and misappropriated the funds from the sale to pay other company debts rather than disburse those sale proceeds to the investors of Briar Meadows. SMUCK continued to send documentation to investors in Briar Meadows in order to give the fictitious appearance that the investment property was still active.
SMUCK faces a maximum term of imprisonment of twenty (20) years, a fine of $250,000.00, and five (5) years of supervised release following any term of imprisonment.
U.S. Attorney Letten reiterated that the bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
The case is being investigated by the United States Postal Inspection Service and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney G. Dall Kammer.
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