Wrongly Convicted Database Record

 

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Timothy Harold Parkes

 

Charge:

Bank Fraud

Sentence:

"78 months, $4.25 million restitution, and $125,000 fine"

Years Imprisoned:

3

Year Crime:

2007

Year Convicted:

2009

Year Cleared:

2012

U.S. State or Country of Crime:

Tennessee - Federal Case

County or Region of Crime:

Polk

City of Crime:

Benton

Result:

Judicially Exonerated

Summary of Case:

"Timothy Harold Parkes was wrongly convicted in federal court of ten counts of bank fraud in 2009 involving the alleged creation of fraudulent entries on the books of the Benton Bank in Benton, Tennessee by the bank's president to conceal that Parkes' company was late on repayment of $2.25 million in loans. At trial the prosecuton contended that Parkes and his partner Mark Mourier colluded with the bank's president to engage in the bank fraud of falsifying loan records. The defense of Parkes and Mourier is they didn't know what the bank's president was engaged in doing to avoid the attention of bank regulators. Mourier was acquitted by the jury that convicted Parkes and the Benton Bank's president. Parkes made a motion for a judgment of acquittal based on the argument there was insufficient evidence to support his convictions. After the judge denied the motion Parkes was sentenced to 78 months in prison, payment of $4.25 million restitution, and payment of a $125,000 fine. On February 2, 2012 the federal 6th Circuit Court of Appeal overturned the convictions of Timothy Parkes on the basis the prosecution introduced insufficent evidence to prove all the essential elements of bank fraud. The Court also found that the prosecutor committed misconduct during closing argument by stating that if Parkes was acquitted then he would be allowed to "keep the $4 million" owed to the bank."

Conviction Caused By:

The prosecution introduced insufficient evidence of Parkes' guilt and the prosecution committed misconduct during its closing argument.

Innocence Proved By:

"On February 2, 2012 the federal 6th Circuit Court of Appeal overturned the convictions of Timothy Parkes on the basis the prosecution introduced insufficent evidence to prove all the essential elements of bank fraud."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

51

Age When Released:

54

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"U.S. v. Parkes, 668 F. 3d 295 (6th Cir. 2012)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=10442824316024797649&q=Timothy+Parkes&hl=en&as_sdt=6,48"

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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