Note: Charles A. Kiger, Sr., (Defendant) fraudulently induced victims to invest US$ 3,000,000 in non-existent securities. Defendant also acted as the supposed intermediary with banks, allegedly purchasing securities and documentary letters of credit, which guaranteed the investment although no securities or letters of credit actually existed.

Defendant was charged with and pled guilty to three counts of wire fraud and one count of mail fraud in connection with a "prime bank scheme." Defendant signed a written plea agreement with the Government (Plaintiff), whereby Defendant agreed to waive his right to appeal his sentence. Defendant was sentenced to forty-six months incarceration and three years of supervised release, and was ordered to pay $2,000,000 in restitution and $100 in special assessment. Defendant filed a motion to vacate, claiming that the Court erroneously applied an enhancement to his case. Defendant also claimed that Government counsel engaged in prosecutorial misconduct. Plaintiff moved to dismiss Defendant's motion, arguing that Defendant waived his right to file a motion under the plea agreement. The U.S. District Court for the Western District of Pennsylvania, Western District, Fischer, J., granted Plaintiff's motion to dismiss, dismissed Defendant's motion to vacate, and denied Defendant's motion for appointment of counsel. The Judge concluded that Defendant did not unknowingly or involuntarily waive his right to file a motion to vacate in the plea agreement, and that Government counsel acted ethically at all times throughout the case.



The views expressed in this Case Summary are those of the Institute of International Banking Law and Practice and not necessarily those of ICC or the other partners in DC-PRO.