United States v. Karla Podlucky

567 F. App'x 139
CourtCourt of Appeals for the Third Circuit
DecidedMay 27, 2014
Docket12-2469, 12-2535
StatusUnpublished
Cited by2 cases

This text of 567 F. App'x 139 (United States v. Karla Podlucky) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Karla Podlucky, 567 F. App'x 139 (3d Cir. 2014).

Opinion

OPINION

SHWARTZ, Circuit Judge.

Defendants Karla Podlucky (“Karla”) and her son Gregory Jesse Podlucky (“Jesse”) appeal from their judgments of conviction and sentence for money laundering. 1 For the reasons set forth below, we will affirm.

I. Factual and Procedural History

As we write primarily for the parties, we set forth only those facts necessary to our analysis. In 1998, Greg Podlucky (“Greg”), Karla’s husband and Jesse’s father, implemented a scheme to falsely inflate the sales figures and revenues of his *141 company, LeNature Inc. (“LNI”), 2 that bilked LNI’s investors and banks of more than $628 million. 3 Jesse began working at LNI in 2003 as a bookkeeper, and his responsibilities included depositing every check LNI received as well as managing the bookkeeping for LNI’s tea subsidiary. 4

Greg and Karla’s 2000-2006 joint tax returns revealed available funds — the difference between their adjusted gross income and expenditures disclosed on the tax returns — of approximately $200,000 per year. During that time period, the Podluckys nevertheless spent lavishly, flying by private jet, budding a 25,000 square foot mansion, 5 and spending more than $33 million on jewelry. Approximately $26 million worth of jewelry was purchased with funds directly from LNI corporate accounts. The remainder of the jewelry purchases were paid for by a check from an account in the name of the Melissa Morgan Capital Corporation 6 (the “Melissa account”), which Greg and Karla formed, for which Karla was the secretary, and which was funded entirely by LNI. Karla and Jesse were the only individuals authorized to write checks on the Melissa account.

LNI was placed into custodianship by a court in late 2006, and was forced into bankruptcy by its creditors on November 1, 2006. The custodian discovered a secret room at LNI’s headquarters, which contained safes holding extravagant jewelry purchased with LNI funds. 7 Absent from the safe was other jewelry, including diamond earrings weighing 4.04 and 4.08 carats apiece and worth more than $500,000, a diamond ring Karla wore worth over $241,000, and seven Kashmir sapphires collectively worth more than $2 million. 8 Days after LNI entered bankruptcy, Karla gave the diamond ring and earrings to Greg, and he instructed the jeweler holding the sapphires to mail them to his attorney. Greg later retrieved the sapphires from the attorney’s office.

In January 2007, the Podluckys sought to dispose of other jewelry, specifically *142 more than 23 pounds of Karla’s gold jewelry and 1.5 pounds of platinum jewelry, by mailing it to a cash-for-jewelry company. The Government seized these packages and thereafter searched the Podluckys’ house. The Government recovered additional jewelry that corresponded with LNI records but did not find the diamond ring, diamond earrings, or the Kashmir sapphires.

Three days after their home was searched, Karla and Greg contacted an attorney named Robert Williams to create trusts to liquidate the diamond ring, diamond earrings, and Kashmir sapphires. Karla and Greg then formed the Marana-tha Trust, of which Karla was named the sole beneficiary. As described below, proceeds from the sale of jewelry were ultimately placed in the Maranatha Trust accounts.

In the meantime, in March 2008, Karla and Greg sold the diamond ring and diamond earrings, valued at more than $741,000, to Karla’s parents for only $8,800. Two weeks later, Jesse wrote three checks to Karla’s parents totaling exactly $8,800.

In April 2008, the Government filed criminal charges arising from the fraud at LNI, including charges against Tammy Andreycak, LNI’s Director of Accounting. That same month, Karla learned both that Andreycak had pleaded guilty for her role in the fraud and that Greg was under investigation.

In September 2008, Greg registered a company called Green Special Advisors, LLC (“Green Advisors”) in Nevada, purportedly so that Greg and Jesse could serve as consultants in the beverage industry, but neither Greg nor Jesse earned any income from the company. That same month, Karla created the Twilight Palm Canyon Asset Management Trust (the “Twilight Trust”), naming Jesse and his two brothers as beneficiaries. Karla used 297 Sunrise Lane in Ligonier, Pennsylvania as the Twilight Trust’s address, which was in fact the address of an empty lot on a street adjacent to the Podluckys’ home at 345 Cobblestone Lane. After the Twilight Trust was established, Karla’s parents signed a “deed of gift” purporting to place in the trust the diamond earrings and ring that they had supposedly purchased from Karla and Greg for $8,800 in March 2008. Jesse then opened brokerage and checking accounts for the Twilight Trust, using the Sunrise Lane address, although the Cobblestone Lane address was printed on the actual checks.

In August 2009, Williams, the attorney who set up the Maranatha Trust, contacted Sotheby’s Auction House in New York and asked for help selling the Twilight Trust jewelry. Subsequently, Williams, Greg, and Jesse met with the Sotheby’s representative and showed him the diamond earrings and ring. Aware that Greg was under investigation, Sotheby’s sought additional information about the Twilight Trust jewelry, and received from the Podluckys’ lawyer the deed of gift purporting to transfer the jewelry to the Twilight Trust. In addition, Jesse provided Sotheby’s with a “historical background” document, which falsely stated that the diamond jewelry had belonged to Karla’s family “since the early 1900s.” App. 1691-93; Supp. App. 100. Relying on these representations, Sotheby’s agreed to auction the items and wired a $99,000 advance to the Twilight Trust checking account in September 2009. Jesse later delivered the Kashmir sapphires to Sotheby’s for auction.

Greg was indicted in September 2009 for his role in the LNI fraud. Thereafter, Sotheby’s sold the diamond ring, diamond earrings, and sapphires and wired the proceeds — totaling more than $2.8 million — to the Twilight Trust brokerage account *143 Jesse established. Among other things, those funds were later used to pay down $300,000 in debt on the Podluckys’ personal credit cards. The remaining funds were used primarily to pay for the Podluckys’ personal expenses, including Greg’s legal bills, 9 either directly or after passing through additional bank accounts.

In June 2010, Karla opened a checking account for the Maranatha Trust using the address of Williams’s law firm, even though Williams died in 2009. Into that account she deposited $200,000 from the Twilight Trust accounts. Also in 2010, Jesse and a partner formed a company called Morganics USA, LLC (“Morgan-ics”), for which they opened two accounts.

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