THP Criminal Investigation Division Case Leads to Conviction

 

NASHVILLE --- On Friday, November 20, 2009, United States Attorney for the Middle Tennessee District of Tennessee, Edward M. Yarbrough, announced that a federal jury convicted James Christopher McWhorter, 30, of Antioch, Tennessee on a five count indictment, stemming from a federal investigation into a counterfeit check cashing ring.

 

“CID Special Agent Randy Crain is to be commended for his dedication in working with other law enforcement agencies to see that this identity theft investigation resulted in successful charges against eight defendants,” said Safety Commissioner Dave Mitchell. “Agent Crain and others were able to recover approximately 400 fraudulent driver licenses and 450 fraudulent checks in an operation that facilitated an estimated one million dollars in monetary loss.”

 

“This case is a testament to the hard work and cooperation of the many local, state, and federal law enforcement agencies that were involved,” said U.S. Attorney Ed Yarbrough. “The U.S. Attorney’s Office is gratified that the jury held the defendant accountable for his criminal actions.”

 

In January 2006, the Tennessee Highway Patrol Criminal Investigation Division (CID) initiated an investigation along with the Sparta Police Department into identity theft and counterfeit check cashing. The investigation began after one of the subjects dropped a driver license at the scene of one of the fraudulent attempts to cash a counterfeit check. The case quickly expanded to include the United States Secret Service and Metro Nashville Police as suspects were identified. THP-CID and Sparta Police then conducted simultaneous searches in both Rutherford and Davidson counties that uncovered numerous items of evidence.

 

In August 2007, McWhorter’s wife and seven other defendants were originally charged in a two-count federal indictment and pleaded guilty to criminal conspiracy to produce and use false identification documents (counterfeit driver license) and to make and use counterfeited securities (counterfeit payroll checks). McWhorter was later charged in May 2009 in a second superseding indictment that alleged additional identify-theft charges.

 

McWhorter and two other defendants, Anthony Kennedy, 38, of Madison, Tenn. and Ronnie Hampton, 44, of Hollow Rock, Tenn., concocted the scam in January 2006 and began assembling the computers and other equipment to start the operation. McWhorter created high quality fake driver licenses and realistic looking payroll checks. McWhorter and his co-conspirators would then present the fake payroll checks at difference retail stores across Middle Tennessee, using the fake driver license as identification. The retailers would cash the checks, only to later learn the account, routing numbers, and identities on the checks were inaccurate or entirely bogus.

 

During trial, Agent Crain and other law enforcement agents testified to seizing fake I.D.s and computer equipment at McWhorter’s home in November 2006. The equipment included an official Department of Motor Vehicle (DMV) identification card printer from the state of California.

 

“With the California DMV card printer McWhorter was able to print some of the best fake I.D.s we have ever seen,” stated CID Agent Randy Crain. “The quality of the fraudulent licenses was good enough to easily fool banks and businesses that became victims of the scam.”

 

The jury convicted McWhorter of criminal conspiracy, manufacturing false identification documents,

possessing five or more identification documents, possessing document-making implements, and aggravated identity theft.

 

McWhorter faces a statutory maximum of 15 years each on the manufacturing count and the possession of document-making implements count and 5 years each on the conspiracy and possession of false identification documents counts. The aggravated identity theft count carries a separate, two year mandatory minimum sentence that must be served consecutively to any sentence imposed on the manufacturing count. A sentencing hearing will be held at a later date to be scheduled by the Court.

 

In addition to the THP Criminal Investigation Division, other law enforcements agencies credited with the successful investigation included Sparta Police Department, Cookeville Police Department, McMinnville Police Department, Metro Nashville Police Department, and the Tennessee Department of Correction-Internal Affairs. The investigation was led at the federal level by the United States Secret Service.