GREENVILLE - United States Attorney Thomas G. Walker announces that a federal grand jury in Greenville returned a 22 count Second superseding Indictment (hereinafter “superseding Indictment") (attached) on Thursday, August 6, 2015.
The superseding Indictment charged David Ricky Godwin (Godwin Sr.), 68, David Ricky Godwin Jr. (Godwin Jr.), 44, and RGB, Inc., now known as Regional Amusements, Inc. with Conspiracy to Conduct an Illegal Gambling Business, 18 U.S.C. § 371 (Count 1), Conducting an Illegal Gambling Business, 18 U.S.C. § 1955 (Count 2), two counts of Engaging in Gambling Device Business without Registering, 15 U.S.C. § 1173(a), 1176 (Counts 3-4), four counts of Failing to Maintain a Record of Gambling Devices, 15 U.S.C. § 1173(c), (d), 1176 (Counts 5-8), and thirteen counts of Possession of Unmarked Gambling Devices, 15 U.S.C. § 1173(e), 1176 (Counts 9-21). The superseding Indictment also charged Godwin Sr. with Possession of a Firearm by a Convicted Felon, 18 U.S.C. § 922(g) (Count 22).
If convicted of counts 1 and 2 (Conspiracy and Conducting an Unlawful Gambling Business), Godwin Sr. and Godwin Jr. face a maximum imprisonment of 5 years for each count. If convicted of Counts 3 through 21 (violations of the Gambling Devices Act of 1962), they face a maximum of two years imprisonment for each count. For counts 1 through 21, they face a maximum fine of $250,000 for each count or twice gross gain, whichever is greater. For Count 22, Godwin Sr. faces a maximum term of imprisonment of 10 years and a maximum fine of $250,000. For Counts 1 through 21, RGB, Inc. faces a maximum fine of $500,000 for each count or twice gross gain. The superseding Indictment also seeks forfeiture of proceeds traceable to conducting an illegal gambling business and Conspiracy to do so in violation of Counts 1-2. It also seeks forfeiture of the gambling devices seized during the investigation and forfeiture of the Mossberg model 500A 12 gauge shotgun allegedly involved in the violation of 18 U.S.C. § 922(g).
The charges and allegations contained in the superseding Indictment are merely accusations. The defendants are considered innocent unless and until proven guilty in a court of law.
The case is being investigated by North Carolina Alcohol Law Enforcement (ALE), the Internal Revenue Service - Criminal Investigation (IRS-CI), the Federal Bureau of Investigation (FBI), and the United States Marshal’s Service (USMS).
Source: U.S. Department of Justice, Office of the United States Attorneys
