Plasticon International, Inc. (fka PLNIQ)

[scion]

II. Advisory Sentencing Guidelines Calculation

Sentencing begins with a properly calculated advisory sentencing guidelines range. Gall v. United States, 552 U.S. 38, 49 (2007). The government agrees with the Presentence Investigation Report (PSR) prepared by the United States Probation Office.

In the PSR, the Probation Office determined that the defendant is an offense level 41, criminal history category I. As a result, the defendant’s advisory guidelines sentence is 324 to 405 months incarceration.

III. Section 3553(a) Factors Call For Guidelines Sentence

In imposing sentence in this matter, the Court should consider the need for the sentence to reflect the seriousness of the offense, to promote respect for the law and to provide just punishment for the offense. 18 U.S.C. § 3553(a)(2)(A). Pursuant to 18 U.S.C. § 3553(a)(2)(B), the Court should also consider the imperative that the sentence in this case clearly and strongly deter others from violating the securities and tax laws of the United States.

For years, Turek engaged in a massive fraud in which he swindled more than 8,500 people out of $18 million. The defendant’s misconduct had a devastating effect on his victims, some of whom lost their life savings because of the defendant’s scheme. Gene Guhne lost more than $500,000 from purchasing Plasticon stock in reliance on Turek’s false statements. Turek also cheated Mr. Guhne personally by selling $50,000 of stock to him, taking Mr. Guhne’s money, but not delivering the stock certificate for several months until after the stock was worthless. Steve Zaccarelli invested in Plasticon stock the money that he had saved from working two jobs for several years. He lost it all. Frank Meleshko, a disabled retiree, lost a sizeable portion of his retirement savings by investing in Plasticon stock. Chris Wildfoerster met with Turek in person and spoke to him several times on the telephone. Turek repeated the lies he made in the press releases by telling Mr. Wildfoerster that the company was profitable and owned patents worth millions of dollars. At Turek’s recommendation, Mr. Wildfoerster purchased Plasticon stock and lost more than $100,000. These individuals and thousands of other investors all relied on the false statements that Turek made to swindle them into buying stock that his nominees were selling. The defendant stole not only the victims’ money but also violated their trust, particularly those whom the defendant personally conned out of their funds. Finally, the defendant’s crime has the grave consequence for the economy of undermining confidence by all investors in the public securities markets.

While the sentence recommended by the guidelines is quite lengthy, it accurately accounts for the defendant’s position of trust as an officer of a public company, the immensity of the fraud in which the defendant engaged and the ruinous harm the defendant caused thousands of people. Accordingly, the government requests that the Court impose a sentence consistent with the advisory guidelines range in this case.

IV. Conclusion

For the reasons stated above, the government requests that the Court sentence the defendant to 324 months in prison.

Respectfully submitted,
KERRY B. HARVEY
UNITED STATES ATTORNEY
By: /s/ Kenneth C. Vert
KENNETH C. VERT
Trial Attorney
U.S. Department of Justice
Tax Division
P.O. Box 972
Washington, DC 20044
Telephone: [phone]
Fax: [phone]
Email: Kenneth C. [e-mail]
Dated: October 4, 2012


- OCR extract
Doc 56 PDF file
http://www.scribd.com/doc/109485717/USA-v-Turek-Doc-56-Filed-04-Oct-12