BOSTON – A convicted fraudster who was apprehended last week
after repeatedly failing to appear for his sentencing hearing was indicted
today for bail jumping.
David J. Aubel, 60, of Matthews, N.C., was indicted today on
one count of failure to appear.
In November 2017, Aubel pleaded guilty to one count of
conspiracy to commit securities and wire fraud, one count of securities fraud,
and three counts of wire fraud in connection with his role in a stock
manipulation scheme. Aubel had been released by the Court pending sentencing.
According to court documents, in September and October 2018,
Aubel repeatedly failed to appear for scheduled, and repeatedly re-scheduled,
sentencing hearings. Each time, Aubel informed the Court by phone or through counsel that his father was in
poor health and that he was at his bedside. U.S. District Court Chief Judge
Patti B. Saris rescheduled Aubel’s sentencing hearing for Oct. 18, 2018;
however, Aubel once again failed to appear at that hearing – informing the Court
through counsel that he had been hospitalized the night before. Aubel’s
sentencing was then rescheduled for Nov. 5, 2018. Again, Aubel failed to appear
for his sentencing on that day. Subsequently, the Court issued a warrant for
his arrest and on Nov. 16, 2018, Aubel was arrested as he exited a hotel in
Charlotte, NC.
The charge of failure to appear provides for a sentence of
no greater than 10 years in prison, three years of supervised release, and a
fine of $250,000. Sentences are imposed by a federal district court judge based
upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; John Gibbons, U.S.
Marshal for the District of Massachusetts; Gregory Allyn Forest, U.S. Marshal
of the Western District of North Carolina; and Harold H. Shaw, Special Agent in
Charge of the Federal Bureau of Investigation, Boston Field Division, made the
announcement today. Assistant U.S. Attorney Jordi de Llano, Deputy Chief of
Lelling’s Securities & Financial Fraud Unit is prosecuting the case.
The details contained in the charging document are
allegations. The defendant is presumed to be innocent unless and until proven
guilty beyond a reasonable doubt in a court of law.
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