Matthew Anthony Marshall Fraud/Money Laundering/Tax Evasion Case
Matthew Anthony Marshall Fraud/Money Laundering/Tax Evasion Case
Matthew Anthony Marshall Fraud/Money Laundering/Tax Evasion Case
TIMOTHY J. RACICOT
RYAN G. WELDON
Assistant U.S. Attorneys
U.S. Attorney’s Office
P.O. Box 8329
Missoula, MT 59807
105 E. Pine, 2nd Floor
Missoula, MT 59802
Phone: (406) 542-8851
FAX: (406) 542-1476
E-mail: [email protected]
[email protected]
MATTHEW ANTHONY
MARSHALL,
Defendant.
INTRODUCTION
In 2012, Matthew Anthony Marshall emailed the victim in this case, John
Doe, to make his introduction. They met in person in 2013 and formed a business
relationship and a friendship. Marshall told John Doe he was a former member of
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an elite Force Reconnaissance unit in the United States Marine Corps and a former
CIA Agent. Those claims, which were extremely important to the formation of
his relationships with John Doe, are wholly inaccurate. In reality, Marshall, who
unexcused absences from inactive duty training during the period of 6 June 1997
As for his claims about the CIA, Marshall said he reported directly to the
former Director of Operations at the CIA, but that individual has never met, nor
does he know, Marshall. The CIA has no record of Marshall serving as an agent.1
The fraud charged in the indictment arose when Marshall asked John Doe
for money to fund “off the books” missions for the CIA. The missions, according
to Marshall, generally would involve him leading assault teams to conduct rescue
and other operations in foreign countries and behind enemy lines. Based on his
belief in Marshall’s extensive military and other government experience, John Doe
Marshall received from John Doe, none was spent on any claimed missions.
1
The CIA uses the term “agent” to refer to human sources who provide the CIA
intelligence information and the term “officer” to refer to employees. The CIA
has no records of Marshall ever being affiliated with the CIA, including as an
officer, contractor, or agent.
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A grand jury indicted Matthew Anthony Marshall for one count of wire
fraud, six counts of money laundering, and three counts of tax evasion. Doc. 2.
The indictment also seeks forfeiture of the proceeds of the wire fraud and the
property involved in the money laundering. Doc. 2 at 8-9. Trial is scheduled for
and 613. See, e.g., Fed. R. Evid. 401-403, 404-405, 608-609. This case
involves the simple task of following the money – i.e., (1) a fraud; (2) the
laundering of money after the fraud; and, (3) the filing of false tax returns. The
United States files this motion in limine to preclude the admission of irrelevant and
2
The instant motion is narrowly tailored to address issues pertaining to the victim
in this case. The government understands that the defendant intends to file a
notice pursuant to Section 5 of the Classified Information Procedures Act outlining
certain classified facts he intends to disclose in his defense. The government
suspects this information relates to the defendant’s unsubstantiated claim that he
once worked for the CIA. To date, the government has seen no evidence that the
defendant would have ever been privy to classified information and, in fact, has
confirmed that the defendant has never been employed by the CIA. Nonetheless,
once the defendant has alerted the government to these alleged classified facts, and
the government confirms they are not supported by evidence, the government
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FACTUAL BACKGROUND
exchanging a few messages, Marshall and John Doe met in person in January
2013, at the SHOT Show in Las Vegas.3 During that in-person introduction,
Marshall claimed he was recruited into the CIA because he was in an elite 1st
Force Reconnaissance unit with the U.S. Marine Corps. According to Marshall,
this interaction with the CIA in the first Gulf War led to Marshall’s eventual
likely will file an additional motion in limine as to the irrelevance and unclassified
nature of the defendant’s proffered information.
3
SHOT is an acronym for Shooting, Hunting, Outdoor Trade Show, and it is an
annual trade show for the shooting, hunting, and firearms industry.
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Army Colonel, said he ran an 80-man team, and that he had a $20,000,000 bounty
“spent 7 days behind enemy lines being brutally tortured physically and mentally.”
These stories painted Marshall as a war hero, and greatly impressed John Doe.
A week after they met at the SHOT Show, Marshall sent John Doe prayer
beads that he allegedly removed from the body of Abu Musab al-Zarqawi. Those
prayer beads, and Marshall’s representations about what they symbolized in the
global war on terror, deeply moved John Doe. The investigation uncovered,
however, that Marshall was not involved with the recovery of al-Zarqawi’s body,
In February 2013, John Doe flew Marshall to Montana for a “job interview.”
This involved the formation of a new company, which would ultimately become
Amyntor, LLC,4 and Marshall likewise wanted to “clean up” the “personnel and
security” for John Doe. Marshall negotiated several terms of employment with
John Doe, including salary, vehicles, and housing.5 When doing so, Marshall sent
4
Amyntor, LLC, was a private intelligence company with a stated purpose of
providing intelligence training, collections and analysis, risk assessment, and
counterintelligence support for the United States. The company was formed
officially in Delaware on October 24, 2013.
5
Marshall later altered emails related to that negotiation, specifically as it related
to the home John Doe bought and permitted Marshall to occupy. Marshall filed
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Marshall claimed to have worked for the U.S. Marine Corps, 1st Force
Reconnaissance from August of 1988 to September of 1996. While doing
so, Marshall claimed to have conducted “Hostage Rescue Operations,”
“Dive Operations,” and jump operations, including “HALO” and “HAHO”
certifications. But Marshall’s military records show he enlisted in 1994
and completed rifleman training – and nothing else – prior to his Other Than
Honorable discharge in 1999.
Marshall noted that he worked for the Indiana State Police from 1996 to
1999, but failed to mention that he resigned after it was discovered he
misrepresented his prior military record.
Marshall failed to include his time with the Marion Police Department in
Marion, Indiana, which ended when he resigned under suspicion of having
committed a burglary about three years before being hired.
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Without the benefit of the investigation from the FBI and IRS, John Doe believed
Marshall was a war hero, an elite covert operative, and the consummate patriot.
Marshall and his family ultimately moved to Whitefish to work with John Doe.
B. Marshall requests funding for “off the books missions” for the
CIA.
The business relationship between Marshall and John Doe consisted of other
ventures, but the fraud scheme alleged in this indictment addresses Marshall’s
request for John Doe to fund “off the books” missions for the CIA. On six
occasions (five missions and one bonus), John Doe provided over $2.3 million to
Marshall to fund the claimed missions. Bank records show, however, that at no
point did Marshall spend the money as he represented he would. Instead, he used
the money for, among many other things, personal expenses, loans to friends, and
vacations.
In April 2013, Marshall asked John Doe to fund a mission where Marshall
would “lead the assault team” and take out a narco-terrorist in Mexico. Marshall
claimed he was trying to keep the price below $300,000 but he felt “a lot better
bout the end result with 2 extra guys for both houses,” which required $400,000.
John Doe agreed to fund the operation and wired Marshall $400,000 on April 25,
2013. Approximately a week later, on May 4, 2013, Marshall emailed John Doe,
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claiming Marshall needed a drink to come down off the “high” from the trip. On
July 23, 2013, Marshall sent a message to John Doe that was allegedly from the
former CIA Director of Operations, thanking John Doe (i.e., the “new friend”) for
the help.
On July 28, 2013, Marshall claimed he was giving “the guys” a $10,000
bonus. John Doe agreed to cover that cost as well, which totaled $50,000, and
29, 2013, spent $9,504.05 on lodging at the W Hotel, several thousand dollars on
food and drink, and almost $10,000 on jewelry. Agents traced the flow of money
from Marshall’s accounts, and no money was spent on any claimed mission to
Mexico. The money was spent on personal expenses for Marshall, including his
home and credit card bills. A summary of the expenditures, and the individuals
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covert, CIA-backed rescue mission for two DEA Agents supposedly held captive
by a drug cartel in Mexico. On September 29, 2013, Marshall texted John Doe
and said the “Personnel Recovery is probably going to happen with or without us.
I’ve been asked to help with the assault plan at a bare minimum.” Marshall
requested $500,000 and said the agents were going to “owe [John Doe] their
lives . . . literally.”
On October 8, 2013, John Doe wired $500,000 to Marshall for the mission.
That same day, Marshall texted John Doe that “[e]verything is good to go,” and
Marshall was “[g]oing off comms . . . .” Three days later, October 11, 2013,
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Marshall confirmed to John Doe that he was “[s]afe and [s]ound.” Marshall said
“all three are safe and sound with minimal long term issues.”
memo for the check says, “Vacation Money.” Casey Overton signed a loan
agreement, dated October 28, 2013, with Marshall, and Marshall gave $250,000 to
holster company in Virginia, and the reason Marshall was in Norfolk during the
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second alleged mission. Julie Sweeney, Marshall’s friend and former fiancé,
received $15,000 for a down payment on a house and $5,000 for home
improvements.
In August of 2014, Marshall texted John Doe that they had a “company
funded offer to take out the number 2 guy in a group across the border.” Marshall
said he could keep it to “400 or less” for the “vacation.” Marshall texted John
Doe that he was leaving September 2, 2014, and Marshall just needed the “green
There is no evidence Marshall left the United States for the third alleged
mission, but there is evidence he was in Las Vegas. He incurred debit card
charges between September 4 and 8, 2014, including $2,288 at Vdara Hotel and
checks to pay various bills between September 2 and 7, 2014. And he exchanged
“What do you think of this car? In silver.” At no point did Marshall spend the
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consisted of $23,360, and Marshall even paid over $20,000 to friends and
associates. Frank Gallagher received $20,000 for a tax-related issue, but it had
nothing to do with any purported mission. At no point did Marshall pay any
expenses toward missions, and most of the money went toward his living expenses.
In January of 2015, Marshall requested money from John Doe for a joint
operation with the U.S. military. According to Marshall, they would use contacts
in Iraq to allow Marshall and his team to use an airbase in Kurdistan to launch the
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returning from the “mission,” Marshall claimed he lost one of his men during the
operation.
Two days after receiving the $750,000 from John Doe, Marshall booked a
private jet (using John Doe’s NetJets account) from Kalispell, Montana, to Miami,
him on the trip. From February 8 to 13, 2013, Marshall made phone calls from
Miami, and debit card purchases confirm his presence in Florida. At no point did
Marshall spend the money on a mission related to the Middle East. Rather,
Marshall used money to repay debts, bought furniture for Julie Sweeney, paid for
personal travel, jewelry, investments, and vehicles, and provided another loan to
outlined below:
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For the final mission, Marshall asked John Doe for money to enable two
Navy SEALs to continue to conduct crucial targeting missions behind enemy lines
in the Middle East. Marshall claimed the mission would fail if John Doe did not
provide the funding. On March 21, 2016, John Doe wired $255,000 to Marshall.
At no point did Marshall spend the money assisting Navy SEALs. Instead, he
bought furniture, paid his property taxes, and loaned $132,000 to John Maguire,
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C. Marshall also evaded taxes from the IRS during his tenure in
Montana.
In addition to the investigation into wire fraud and money laundering, the
IRS investigated Marshall for tax evasion. Marshall was required to report all
income he received from any source. Because he failed to report the “mission”
money John Doe provided, he owes a total of $805,462 for the tax years 2013-
2015. The amounts owed, and the corresponding counts in the indictment, are
outlined below:
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Before and during his introduction to and solicitation of John Doe, Marshall
repeatedly made nearly identical false claims about his distinguished military and
government service career to convince two unrelated business partners to pay for
his travel and other personal expenses, including providing Marshall with credit
cards. This financial support allowed Marshall to live beyond his means and
his claims of long-time military and government service. Marshall at the time
was recovering from bankruptcy and struggling to pay personal bills, as evidenced
even alleged the former CIA Director of Operations was upset Marshall had left
the CIA and would not return. According to Marshall, the CIA seized his bank
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accounts, which explained why he needed his LOTX partner to supply money
Marshall, in addition to paying his medical bills, rent, and utilities. Once he
secured a job and funding from John Doe, Marshall abandoned LOTX and the
business partner, the owner of a fledgling security company called Trilogy. This
second business partner repeatedly paid for Marshall’s travel and other expenses.
Marshall also received a credit card from Trilogy but assured the Trilogy owner the
“[o]dds are I will never use it.” By 2013, while Marshall was attempting to
impress John Doe and secure his financial support, Marshall pressured the Trilogy
owner to increase the credit card limit for the Trilogy card to over $40,000, falsely
charged over $40,000 on the card, including airfare, hotels, and vacations.
Marshall even used the card for shopping at stores like Louis Vuitton, Lowe’s for
$17,136.39, and other non-business related items. Shortly after securing a job
and funding from John Doe, Marshall paid off the credit card charges and ended
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ARGUMENT
1108, 1111 (9th Cir. 2009). Importantly, only relevant evidence is admissible.
Fed. R. Evid. 402. Such evidence is relevant only if “it has any tendency to make
a fact more or less probable than it would be without the evidence . . . [and] the
608(b). The Advisory Committee Notes explain why such a focus on truthfulness
exists: “[T]he inquiry is strictly limited to character for veracity, rather than
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Other methods to attack credibility outside the facts of the case are by way
of a criminal conviction under Fed. R. Evid. 609 or prior statements under Fed. R.
matter collateral to the case.” United States v. Higa, 55 F.3d 448, 452 (9th Cir.
matters at issue, but designed to show that the witness’ false statement about one
thing implies a probability of false statements about the matters at issue.” Id.
If, on the other hand, one witness wishes to discuss the character of another
prove the person “acted in accordance with the character or trait.” Fed. R. Evid.
pertinent character trait. Fed. R. Evid. 404(a)(2)(B). But in doing so, the
defense may only present such evidence through opinion testimony about the
victim’s reputation. Fed. R. Evid. 405. Specific instances are not allowed on
direct examination. See Fed. R. Evid. 405. The United States may then offer
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evidence of the same character trait of the defendant. Fed. R. Evid. 404(a)(2)(A)
and (B).
United States v. Lloyd, 807 F.3d 1128, 1152 (9th Cir. 2015); see also United States
v. Eglash, 640 Fed. Appx. 644, 647 (9th Cir. 2016) (unpublished) (“The district
court did not abuse its discretion by excluding Fromdahl’s disciplinary records.
The records pertained to conduct that was unrelated to Eglash or the instant case.”).
confront a witness. See, e.g., United States v. Mikhel, 889 F.3d 1003, 1048-1049
to show a prototypical form of bias on the part of the witness’ can rise to the level
the confines of the Rules of Evidence. United States v. Waters, 627 F.3d 345,
353 (9th Cir. 2010) (“While the Constitution certainly affords a criminal defendant
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The United States provided the above account of the charged fraud to
Other lawsuits in which John Doe has been involved should be excluded
from trial. As an example, in July of 2019, a federal grand jury indicted Bryan
Nash for Interstate Stalking of John Doe. See, e.g., United States v. Bryan Gregg
probation. John Doe spoke at the sentencing proceeding. United States v. Bryan
would conduct “off the books” missions for the CIA. The United States is not
aware of any evidentiary basis allowing the admission of such evidence. Any
from trial.
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establish that Doe and Marshall were friends, but presenting graphic text
messages will not further the truth-seeking goal of trial as it relates to the
charged fraud.
how John Doe treated various business entities and financial transactions on his tax
returns, outside of the charged fraud, is irrelevant and could lead to a confusion of
the jury on the issues before it. But see United States v. Oriyomi, 449 Fed. Appx.
681, 682-683 (9th Cir. 2011) (unpublished) (explaining Rule 608(b) allows cross-
examination of tax returns signed under penalty of perjury). The United States
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raises this issue because it could become a trial-within-a-trial given the potential
The Court should not admit any evidence involving John Doe’s relationship
Any suggestion that John Doe attempted to curry favor from Shane Erickson to
witnesses who would not provide any evidence directly relevant to whether
CONCLUSION
vigorous defense, but the evidence must be helpful to the jury’s inquiry.
LEIF M. JOHNSON
Acting United States Attorney
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CERTIFICATE OF COMPLIANCE
Pursuant to Local Rule, this certifies that the body of the attached response
LEIF M. JOHNSON
Acting United States Attorney
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CERTIFICATE OF SERVICE
I hereby certify that on January 11, 2021, a copy of the foregoing document
(1,2) CM/ECF
() Hand Delivery
() U.S. Mail
() Overnight Delivery Service
() Fax
() E-Mail
2. Timothy M. Bechtold
Bechtold Law Firm, PLLC
317 East Spruce Street
P.O. Box 7051
Missoula, MT 59807-7051
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