The United States Attorney's Office
Northern District of Iowa

FRAUD CHARGE FILED AGAINST TENNESSEE MAN FOR DUBUQUE RAP CONCERT PROMOTION

Contact: Sean Berry

United States Attorney Matt M. Dummermuth announced today that CHARLES WARTHAN, 31, from Chattanooga, Tennessee, has been charged with mail fraud. The charge is contained in a Complaint unsealed on May 24, 2007, in United States District Court in Cedar Rapids.

There was testimony at a preliminary hearing today that, in the summer of 2006, WARTHAN and others executed a fraudulent scheme in which they conned over 400 rap and hip-hop fans out of more than $18,000 in cash paid for tickets to a Dubuque, Iowa, concert that was never to be held.

The testimony was that WARTHAN’s co-schemer contacted a number of businesses, organizations, and individuals in Dubuque about promoting a rap concert featuring numerous artists. According to testimony, the co-schemer contracted with a Dubuque radio station to advertise the concert and with the Dubuque County Fair Grounds to hold the concert. The testimony also was that the co-schemer made arrangements to have tickets sold, for cash only, at a Dubuque music store and a Dubuque record store beginning in early June 2006. The Complaint alleges the advertised performers knew nothing of the purported concert and were not scheduled to appear.

The testimony at the hearing was that, on June 21, 2006, WARTHAN visited both of the stores selling tickets to collect approximately $18,000 in cash from the ticket sales. On June 28, 2006, WARTHAN was arrested when he returned to the music store to pick up additional cash from the concert ticket sales. The testimony was that, at the time of his arrest, WARTHAN was wearing a wig, a hat, and glasses.

If convicted, WARTHAN faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and 3 years of supervised release following any imprisonment.

Magistrate Judge Jon Stuart Scoles found probable cause existed to hold WARTHAN over for Indictment. Judge Scoles also ordered that WARTHAN be detained pending trial. WARTHAN’s next appearance has not yet been set.

As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.

The case is being prosecuted by Assistant United States Attorney Sean R. Berry and was investigated by the Dubuque County Sheriff’s Office and the Federal Bureau of Investigation.

United States Attorney
Northern District of Iowa

Hach Building,
Suite 400,
401 1st Street, S.E.
Cedar Rapids, Iowa 52401-1825

Phone: 319-363-0091
Fax: 319-363-1990