baker-2609.pdf (2014)

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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE

IN RE: FRANK ALFRED BAKER,BPR #31931
An Attorney Licensed to Practice Law in Tennessee
(Marianna, Florida)
FILED
No. M2016-01474-SC-BAR-BP JUL 2 5 2016
BOPR No. 2016-2609-0-WM(22.3)
Clerk of the Courts
Recd By

ORDER OF ENFORCEMENT

This matter is before the Court pursuant to Tenn. Sup. Ct. R. 9, § 22.3, upon a
Notice of Submission filed by Disciplinary Counsel for the Board of Professional
Responsibility consisting of a certified copy of the Judgment in a Criminal Case in the
United States District Court for the Northern District of Florida, Panama City Division, in
the matter of United States of America v. Frank Alfred Baker (attached as Exhibit A)
demonstrating that Frank Alfred Baker, a Tennessee attorney, has been convicted of
serious crimes, i.e., conspiracy to commit wire fraud, making a false statement to the
FDIC and making a false claim against the United States, in violation of 18 U.S.C. §§
1343, 1349, 287, 1014 and 371; four counts of wire fraud in violation of 18 U.S.C. §§
1343 and 2; two counts of false statement to the FDIC in violation of 18 U.S.C. §§ 1014
and 2; and false claim against the United States in violation of 18 U.S.C. §§ 287 and 2.

IT IS THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:

1. Frank Alfred Baker is suspended from the practice of law on this date
pending further orders of this Court, pursuant to Tenn. Sup. Ct. R. 9, § 22.3;

2. This matter shall be referred to the Board of Professional Responsibility for
the institution of a formal proceeding in which the sole issue to be determined shall be the
extent ofthe final discipline;

3. Frank Alfred Baker shall fully comply with the provisions of Tenn. Sup. Ct.
R. 9, § 28, concerning suspended attorneys; and

4. The Board of Professional Responsibility shall cause notice of this
suspension to be published as required by Tenn. Sup. Ct. R. 9, § 28.11.

PER CURIAM
Exhibit A
Case 5:13-cr-00026-HES-EMT 'Document 298 Filed 09/11/14 Page 1 of 8

FLND Form 2458(rev 12/2003)Judgment In a Criminal Case
5:13-cr-00026-RS-EMT-3 - FRANK ALFRED BAKER Page I of8

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

UNITED STATES OF AMERICA Case # 5:13-cr-00026-RS-EMT-3

-VS- USDA # 22601-017

FRANK ALFRED BAKER

James Judkins (Retained)
1102 N. Gadsden St.
Tallahassee, FL 32303

Larry Simpson (Retained)
1102 N. Gadsden St.
Tallahassee, FL 32303

JUDGMENT IN A CRIMINAL CASE

The defendant was found guilty on Counts 1, 3, 4, 7,8,9, 11 and 12 of the Superseding Indictment
on May 7, 2014. Accordingly, IT IS ORDERED that the defendant, is adjudged guilty of such
count(s) which involve(s) the following offense(s):

TITLE/SECTION NATURE OF DATE OFFENSE
NUMBER OFFENSE CONCLUDED COO
T
18 U.S.C. §§ 1343, 1349, Conspiracy to Commit Wire Fraud, Make August 13, 2010 One
287, 1014 and 371 a False Statement to the FDIC and Make
a False Claim Against the United States
18 U.S.C. §§ 1343 and 2 Wire Fraud December 31, 2008 Three
18 U.S.C. §§ 1343 and 2 Wire Fraud December 31, 2008 Four
18 U.S.C. §§ 1343 and 2 Wire Fraud June 12, 2009 Seven
18 U.S.C. §§ 1343 and 2 Wire Fraud August 13, 2010 Eight
18 U.S.C. §§ 1014 and 2 False Statement to the FDIC December 4, 2008 Nine
18 U.S.C. §§ 1014 and 2 False Statement to the FDIC June 3, 2009 Eleven
18 U.S.C. §§ 287 and 2 False Claim Against the United States August 7, 2010 Twelve
The defendant is sentenced as provided in the following pages of this judgment. The sentence is
imposed pursuant to the Sentencing Reform Act of 1984, including amendments effective
subsequent, to 1984, and the Sentencing Guidelines promulgated by the U.S. Sentencin
g
Commission.

The defendant has been found not guilty on count(s) 2, 5, 6 and 10.

Dag-', a 141isnc-F1n5ftli1.57
Case 5:13-cr-00026-HES-EMT Document 298 Filed 09/11/14 Page
2 of 8

FLND Form 24.56 (rev 12/2003)Judgment in a Criminal Case
5:13-cr-00026-RS•EMT--3 - FRANK ALFRED BAKER Page 2 of8

IT IS FURTHER ORDERED that the defendant shall notify the United States
attorney for this
district within 30 days of any change of name, residence, or mailing
address until all fines,
restitution, costs and special assessments imposed by this Judgment
are fully paid.

Date of Imposition of Sentence:
August 21, 2014

44"
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE

September 1/,2014
ease b:13-cr-uUU2b-HES-EMT Document 298 Filed 09/11/14 Page 3 of 8

FLND Form 245B (rev 12/2003)Judgment in a Criminal Can
5:13-cr•00016-RS-EMT-3 - FRANK ALFRED BAKER Page 3 of8

IMPRISONMENT

The defendant Is hereby committed to the custody of the United States Bureau of
Prisons to be
imprisoned for a term of 48 months. This term consists of terms of 48 months
as to each of
counts 1, 3, 4, 7, 8, 9, 11 and 12, all counts to run concurrently.

The Court recommends to the Bureau of Prisons: that the defendant be designat
ed to Federal
Prison Camp in Pensacola, Florida, if practical.

The Defendant shall surrender to the United States Marshal for this district or
to the
designated institution on October 1, 2014 by 12:00 Noon CT.

RETURN

I have executed this judgment as follows:

.,.

Defendant delivered on to
at with a certified copy of thisjudgment.

UNITED STATES MARSHAL

By:
Deputy U.S. Marshal
Case 5:13-cr-00026-HES-EMT Document 298 Piled 09/11/14 Page 4 of 8

FLND Form 245B (rev 12/2003) Judgment in a Criminal Case
5:13-cr-00026-RS-EMT-3 - FRANK ALFRED BAKER Page 4 of8

SUPERVISED RELEASE

• Upon release from imprisonment, the defendant shall be on supervised release for
a term
of Three(3) years. This term consists of terms of Three(3) years as to each of
counts 1, 3,
4, 7, 8, 9, 11 and 12, to run concurrently.

The defendant shall report to the probation office in the district to which the defendant
is
released within 72 hours of release from custody of the Bureau of Prisons.

The defendant shall not commit another federal, state, or local crime and shall not possess
a firearm, destructive device, or any other dangerous weapon.

The defendant shall not unlawfully possess a controlled substance. The defendant shall
refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug
-.test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as
determined by the court.

The above drug testing condition is suspended based on the Court's determination
that the defendant poses a low risk of future substance abuse.

The defendant shall cooperate in the collection of DNA as directed by the probation officer.

STANDARD CONDITIONS OF SUPERVISION

The defendant shall comply with the following standard conditions that have been
adopted by this court.

1. the defendant shall not leave the judicial district without the permission of the court or probation
officer;

the defendant shall report to the probation officer in a manner and frequency directed by the court or
probation officer;

3. the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions
of the probation officer;

4. the defendant shall support his or her dependents and meet other family responsibilities;

5. the defendant shall work regularly at a lawful occupation, unless excused by the probation officer
for
schooling, training, or other acceptable reasons;

6. the defendant shall notify the probation officer at least 10 days prior to any change in residence or
employment;

7. the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use,
distribute, or administer any controlled substance or any paraphernalia related to any controlled
substances, except as prescribed by a physician;

the defendant shall not frequent places where controlled substances are illegally sold, used,
distributed, or administered;
Case 5:13-cr-00026-HES-EMT Document 298 Filed
09/11/14 Page 5 of 8

FLND Form 245B (rev 12/2003)Judgment in a Crimin
al Case
13-cr-00026-RS-EMT-3 - FRANK ALFRED BAKER Page 5 of8

9. the defendantshall not associate with any perso
ns engaged in criminal activity and shall not assoc
with any person convicted of a felony unless iate
granted permission to do so by the probation office
r;
-10. the defendant shall permit a probation officer to
visit him or her at any time at home or elsew
shall permit confiscation of any contraband here and
observed in plain view of the probation officer;
11, the defendant shall notify the probation officer within
72 hours of being arrested or questioned by
law enforcement officer; a

12. the defendant shall not enter into any agreement to
enforcement agency without the permission of act as an informer or a special agent of a law
the court; and
• 13. as directed by the probation officer, the defendant
shall notify third parties of risks that may be
occasioned by the defendant's criminal record or
personal history or characteristics and shall permi
the probation officer to make such notifications and t
to confirm the defendant's compliance with such
notification requirement.

14. if this Judgment imposes a fine or a restitution obligation,
it shall be a condition of supervision that the
defendant pay any such fine or restitution In accordance
with the Schedule of Payments set forth in
the Criminal Monetary Penalties sheet of this judgment.

ADDITIONAL CONDITIONS OF SUPERVISED REL
EASE
The defendant shall also comply with the following addit
ional conditions of supervised
release:

15. The defendant shall not own or possess, either direc
tly or constructively, a firearm,
ammunition, dangerous weapon, or destructive devic
e.
16. Any unpaid restitution shall be paid in monthly insta
llments of not less than $500 per month,
to commence three months after his release from impr
isonment.
17. The defendant shall provide his probation officer
all requested business and personal
financial information.

18. The defendant shall not incur new credit•Charges
or open additional lines of credit without
the approval of the probation officer unless he has
first satisfied his restitution obligation.
19. The defendant shall not transfer or dispose of any asset
, or his interest in any asset, without
the prior approval of the probation officer, unle
ss he has first satisfied his restitution
obligation.
Case 5:13-cr-00026-HES-EMT Document 298 Filed 09/11/14 Page 6 of 8

FLAW Form 245B (rev 12/2003)Judgment in a Criminal Case
Page 6 of8
5:13-cr-00026-RS-EMT-3 - FRANK ALFRED BAKER

Upon a finding of a violation of probation or supervised release, I understand the Court may
(1) revoke supervision, (2) extend the term of supervision, and/or (3) modify the conditions of
supervision.
These conditions have been read to me, I fully understand the conditions and have been
provided a copy of them.

Defendant Date

• U.S. Probation Officer/Designated Witness Date
Case 5:13-cr-00026-HES-EMT Document 298 Filed 09/11114 Page
7 of 8

FLND Form 245B (rev 12/2003)Judgment in a Criminal Case
5:13-cr-00026-RS-EMT-3 - FRANK ALFRED BAKER Page 7 of8

CRIMINAL MONETARY PENALTIES

All criminal monetary penalty payments, except those payments
of Prisons' inmate Financial Responsibility Program, are made through the Bureau
to be made to the Clerk, U.S. District
Court, unless otherwise directed by the Court. Payments shall
be made payable to the Clerk, U.S.
District Court, and mailed to 111 N. Adams St., Suite 322,Tallahassee,
FL 32301-7717. Payments
can be made in the form of cash if paid in person.

The defendant shall pay the following total criminal monetary penalti
the schedule of payments set forth in the Schedule of Payments. es in accordance with
The defendant shall pay interest
on any fine or restitution of more than $2,500, unless the fine or restitu
tion is paid in full before the
fifteenth day after the date of judgment, pursuant to 18 U.S.C.
§ 3612(f). All of the payment
options in the Schedule of Payments may be subject to penalties for
default and delinquency
pursuant to 18 U.S.C. § 3612(g).

SUMMARY
Special
Monetary Assessment Fine Restitution
$800 Waived $4,537,399.09

SPECIAL MONETARY ASSESSMENT
A special monetary assessment of $800 is imposed, and is due immediately.
No fine imposed.

RESTITUTION

Restitution in the amount of $4,537,399.09 is imposed, and is due immedi
ately.
'r The defendant shall make restitution to the following victims in the amounts listed below.

Total Amount Amount of
Name of Payee of Loss Restitution Ordered
Federal Deposit Insurance Corporation $4,537,399.09
P.O. Box 71366 $4,537,399.09
Philadelphia, PA 1 91 76-1 366
Reference: Case #5:13CR26/RS

If the defendant makes a partial payment, each payee shall receive
proportional payment unless specified otherwise. If nominal payments are an approximately
made by the defendant
• the court authorizes those payments to be made to the victims on a rotatin
g basis.
The amount of loss and the amount of restitution ordered will be the same unless
to 18 U.S.C. § 3664(f)(3)(B), the court orders nominal payments and , pursuant
Statement of Reasons page. this is reflect ed in the
Case 5:13-cr-00026-HES-EMT Document 298 Piled 09/11/14 Page 8 of 8

FLND Form 2458(rev 12/2003)Judgment in a Criminal Case
5:13-cr-00026-RS-EMT-3 - FRANK ALFRED BAKER Page 8 of8

Restitution in the amount of $4,637,399,09 is hereby ordered jointly and severally with: co-
defendants Donald Terry Dubose and Elwood Ladon West.
The Court has determined that the defendant does not have the ability to pay interest. It is
ORDERED that: In the Interest of justice, interest on restitution is hereby waived.

SCHEDULE OF PAYMENTS

Payments shall be applied in the following order:(1)special monetary assessment;(2)non-federal
victim restitution;(3)federal victim restitution;(4)fine principal;(5)costs;(6)interest;(7) penalties.
All fines are due in full immediately.
The defendant must notify the court of any material changes in the defendant's economic
circumstances, in accordance with 18 U.S.C. §§ 3572(d), 3664(k) and 3664(n). Upon notice of a
change in the defendant's economic condition, the Court may adjust the installment payment
schedule as the interests of justice require.
Special instructions regarding the payment of criminal monetary penalties pursuant to 18 U.S.C.
§ 3664(f)(3)(A):
Unless the court has expressly ordered otherwise above, if this judgment imposes a period of
imprisonment, payment of criminal monetary penalties shall be due during the period of
.imprisonment. In the event the entire amount of monetary penalties imposed is not paid prior to
the Commencement of supervision,the U.S. probation officer shall pursue collection of the amount
due. The defendant will receive credit for all payments previously made toward any criminal
monetary penalties imposed.

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