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Feb.18, 2010
A bank vice president testified Wednesday she went to the FBI after she learned the paperwork for a $50,000 line of credit application had been signed by a man serving a five-year federal prison sentence.
M&T Bank vice president Catherine Ferraro called "Scott Carey" in 2004 about the paperwork bearing his signature while FBI agents recorded the conversation.
The tape was played at the first day of the trial of Joseph P. Donahue, a Scranton businessman who was indicted in 2008 on bank fraud, credit card fraud, money laundering and other charges.
On the tape, the man identifies himself as Scott Carey. When the banker was asked on the witness stand if she knew who Mr. Carey was, she pointed to Mr. Donahue, seated at the defense table in federal court in Scranton.
Besides the tape recording, the jurors saw bank pictures of a man who appears to be Mr. Donahue, though he identified himself in the bank as Mr. Carey.
Mr. Carey was among more than two dozen people arrested in 2003 during a drug probe called "Operation Steamtown" that broke up what authorities said was a drug ring responsible for the "majority" of cocaine sold in the Scranton area. Prosecutors say Mr. Carey later was recruited by Mr. Donahue and victimized by his scheme.
In his opening statement, assistant U.S. Attorney Gordon Zubrod told the jury Mr. Carey was "rotting in federal prison" when $26,000 was siphoned out of the M&T bank account that had been secured by his signature and official-looking documents for Advanced Communictions Inc., a Nevada corporation that listed Mr. Carey as president/vice president/treasurer and secretary. Mr. Zubrod said none of the documents exist in the official records of the state of Nevada.
Mr. Zubrod warned the jury that it would be hearing testimony that will be "very dry."
"It's going to be boring," Mr. Zubrod said, while asking them to follow the paperwork in what the government claims was a scheme devised by Mr. Donahue that used stolen identities to defraud investors, banks and credit card companies.
But defense attorney Phil Lauer of Easton said the case is not clear-cut.
"Did he seek out people with good credit?" Mr. Lauer asked. "Absolutely. Did he steal their credit? Absolutely not."
Mr. Lauer referred to Mr. Donahue's earlier run-in with the law when he was arrested and sentenced to two years in prison for his role in shipping drug money out of the country for international cocaine smuggler Frederick "Rik" Luytjes.
The arrest and jail sentence left Mr. Donahue, a once-successful businessman, with no credit and no money, so he recruited people who would let him use their credit to fund his business ventures, Mr. Lauer said. In exchange, they would become partners, he said. Mr. Donahue's intentions were to make money, not rip people off, Mr. Lauer said.
Instead, he said, Mr. Donahue's business plans collapsed, and everyone lost money. "No, it didn't work," Mr. Lauer said. "But it isn't criminal conduct."
Testimony resumes this morning before U.S. District Court Judge James M. Munley.