Emily M. Sweeney, United States Attorney for the Northern District of
Ohio, today announced that a federal grand jury in Cleveland, Ohio, returned
an indictment charging Roger L. Harvey, Jr., aka Buddy Harvey, age 28,
whose last known address was 221 1st Street, Malvern, Ohio 44644, with
sixteen (16) counts of Wire Fraud, in violation of Title 18, United States
Code, Section 1343, and thirty-one (31) counts of Mail Fraud, in violation
of Title 18, United States Code, Section 1341.
The indictment charges that between on or about October 10, 2000, and
on or about September 1, 2001, in the Northern District of Ohio, Eastern
Division, Roger L. Harvey, Jr., aka Buddy Harvey, knowingly executed and
attempted to execute a scheme and artifice to defraud bidders of certain
e-Bay Internet Auctions, and to obtain money from said individuals by
means of false and fraudulent pretenses, representations and promises,
and for purposes of executing and attempting to execute said scheme and
artifice, did knowingly cause the transmission of certain interstate wire
communications (Wire Fraud), as well as the mailing of certain items by
means of the U.S. Mail (Mail Fraud).
The indictment alleges that Harvey advertised for sale on e-Bay Internet
Auctions, various merchandise, including Bose Home Theater Systems, DVD
players, sports trading cards, musical equipment and G.I. Joe action figures,
which Harvey falsely represented he had available for sale. The successful
bidders for each auction received Internet E-mail messages from Harvey
informing them that they were the successful bidders, and contained instructions
regarding payment and shipping. After the successful bidders sent payment
to Harvey, either via the U.S. Mail or via Paypal (an Internet payment
service), Harvey failed to ship the items as promised.
The indictment alleges that between October 10, 2000, and September 1,
2001, Harvey fraudulently received payments from the successful e-Bay
bidders totaling approximately $26,695.94 in individual amounts ranging
from $175.00 to $1,356.33.
The maximum statutory penalty for each violation of Title 18, United States
Code, Section 1343 and 1341 is 5 years imprisonment, and a fine of up
to $250,000, or both.
This case is being prosecuted by Assistant U.S. Attorney Robert W. Kern,
following an investigation by the Canton Office of the U.S. Postal Inspection
Service and the Akron Office of the U.S. Secret Service.
An indictment is only a charge and is not evidence of guilt. A defendant
is entitled to a fair trial in which it will be the governments
burden to prove guilt beyond a reasonable doubt.
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