Maj. Terry McBurney Indicted
Maj. Terry McBurney Indicted
Maj. Terry McBurney Indicted
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NO. 3:16-00230
TERRY McBURNEY
18 U.S.C. 1425(a)
18 U.S.C. 1015(a)
18 U.S.C. 1343
INDICTMENT
COUNT ONE
THE GRAND JURY CHARGES:
1.
On or about August 30, 1969, defendant TERRY McBURNEY was born in Ireland.
2.
application for employment to the Rutherford County Sheriff's Office that stated he was a United
States citizen. This was false in that he was not a United States citizen at the time.
3.
Department of Homeland Security Form I-9, Employment Eligibility Verification, for employment
with the Rutherford County Sheriff s Office, that he was a United States citizen. This was false in that
he was not a United States citizen at the time.
4.
application to the Tennessee Peace Officer Standards and Training Commission that stated he was a
United States citizen. This was false in that he was not a United States citizen at the time.
Department of Homeland Security Form I-9, Employment Eligibility Verification, that he was a
United States citizen. This was false in that he was not a United States citizen at the time.
7.
On or about March 11, 2013, TERRY McBURNEY was promoted to the position of
Captain in the Rutherford County Sheriff's Office. Rutherford County required individuals holding
the position of Captain to meet a number of requirements, including being a United States citizen. He
was not a United States citizen at that time.
9.
application for naturalization (Form N-400) with the United States Department of Homeland Security,
United States Citizenship and Iimnigration Services (CIS), to afford him the status of a United States
citizen. Defendant TERRY McBURNEY denied on his naturalization application that he had ever
claimed to be a United States citizen in writing or in any other way. Defendant TERRY
WBURNEY certified under the penalty of perjury the truthfulness of the information in his
naturalization application.
11.
swore under the penalty of perjury to the truthfulness of the information in his naturalization
application.
12.
On or about January 18, 2016, TERRY McBURNEY was promoted to the position
of Major in the Rutherford County Sheriff's Office. Rutherford County required individuals holding
the position of Major (formerly known as Commander) to meet a number of requirements, including
being a United States citizen. He was not a United States citizen at that time.
13.
On or about February 24, 2016, defendant TERRY McBURNEY took the oath of
Wherefore, between on or about September 17, 2015, through on or about February 24,
2016, in the Middle District of Tennessee, TERRY McBURNEY, did knowingly attempt to procure
and did procure his own naturalization as a United States citizen contrary to law, that is, defendant
knowingly made the false statements alleged in Paragraphs 10 and 11 of this Indictment, in violation of
Title 18, United States Code, Section 1015(a).
All in violation of Title 18, United States Code, Section 1425(a).
COUNT TWO
THE GRAND JURY FURTHER CHARGES:
1.
McBURNEY did knowingly make false statements under oath in a case, proceeding, and matter
relating to, and by virtue of a law of the United States relating to naturalization, that is, while under oath
in connection with an Application for Naturalization (N-400), defendant made the false statements
alleged in Paragraph 11 of this Indictment to an immigration officer employed with the United States
Citizenship and Immigration Services.
In violation of Title 18, United States Code, Section 1015(a).
COUNTS THREE THROUGH NINE
THE GRAND JURY FURTHER CHARGES:
1.
to devise a scheme and artifice to obtain money and property by means of materially false pretenses,
representations, and promises, and by acts of concealment of the scheme, and in furtherance
thereof used interstate wires, which scheme is further described in the following paragraphs.
3.
TERRY McBURNEY
Tennessee Peace Officer Standards and Training Commission by claiming to be a United States citizen
on an application for Tennessee Peace Officer Standards and Training Commission certification, when
he was not in fact a United States citizen. The Tennessee Peace Officer Standards and Training
Commission required individuals obtaining Tennessee Peace Officer Standards and Training
Commission certification to be United States citizens.
Peace Officer Standards and Training Commission certification, and as a result was paid a $600
supplement on March 1, 2013, May 22, 2015, and June 3, 2016,
4.
TERRY WBURNEY
sought to deceive
the Rutherford County Sheriff's Office, when he was not in fact a United States citizen.
McBURNEY
TERRY
obtained employment with the Rutherford County Sheriffs Office, and was
subsequently promoted to the position of Captain on or about March 11, 2013, and the position of
Major on or about January 18, 2016. Rutherford County required individuals holding the position of
Captain or Major (formerly known as Commander) to be United States citizens. As a result, TERRY
McBURNEY was paid a salary commensurate with the position of Captain and Major, including a
payment on November 8, 2013 of $1,712.22, a payment on November 7, 2014 of $1,648.80, a payment
on November 6, 2015 of $1,696.61, and a payment on February 12, 2016 of $1,806.91.
THE WIRE COMMUNICATION
5.
On or about the dates set forth below with respect to each count, in the Middle
scheme, and attempting to do so, knowingly did cause to be transmitted by means of wire
communication in interstate commerce, writings, signs, signals, and pictures, each instance being
a separate count of this Indictment as follows:
COUNT
THREE
DATE
March 1, 2013
ITEM WIRED
Payment of Peace Officer Standards and Training Commission
certification supplemental pay in the amount of $600, electronically
transferred by wire from Suntrust Bank whose servers are located in
Atlanta, Georgia, to Fifth Third Bank account #XXX0436 in
Tennessee
FOUR
November 8, 2013
FIVE
November 7, 2014
ITEM WIRED
DATE
COUNT
SEVEN
November 6, 2015
EIGHT
June 3, 2016
SIX
NINE
FORFEITURE ALLEGATION
1.
Upon conviction of Count One, defendant TERRY McBURNEY, shall forfeit to the
United States of America pursuant to Title 18, United States Code, Section 982(a)(6):
(A)
to facilitate the offense charged in Count One, including but not limited to
a money judgment in an amount to be determined, representing the
proceeds of the offense.
3.
Upon conviction of any one of Counts Three through Nine, defendant TERRY
McBURNEY, shall forfeit to the United States of America pursuant to Title 18, United States Code,
Section 981(a)(1)(C) and 28 United States Code, Section 2461:
(A)
4.
b.
C.
d.
e.
has been commingled with other property that cannot be divided without
difficulty,
the United States shall be entitled to forfeiture of substitute property, and it is the intent of the
United States, pursuant to Title 21, United States Code, Section 853(p), to seek forfeiture of any
other property of defendant TERRY McBURNEY, up to the value of said property listed above
as subject to forfeiture.
A TRUE BILL
"
OREPER"ON
ACK SMITH
FIR~T,ASSISTANT UNITED STATES ATTORNEY
C AMANDA J. KL F
ASSISTANT UNITED STATES ATTORNEY