Wednesday, April 23, 2014
Four days after a federal grand jury indicted Carole and Marshall Swan on 30 charges, the Whitefield contractor who initiated an investigation of the Swans found eight tires on two of his pickups slashed and the windows of two excavators smashed by an air rifle or BB gun.
When Frank Monroe reported the damage, investigators, including FBI agents, went to the Swans’ Chelsea home, where the Swans denied any involvement, saying they had been out to dinner that night with Carole Swan’s sister.
Then on March 21, 2012, Monroe found an unfamiliar flashlight in one of the excavators. An analysis at the Maine State Police Crime Lab identified DNA on the battery pack as matching that of William Dalrymple, who died in March 2013.
Another person, identified only as an FBI confidential witness, later told authorities that he and Dalrymple “heard that Monroe had snitched on the Swans” and went to Chelsea from New Hampshire to meet with the Swans.
There, they said, Marshall Swan, a contractor himself, “pulled two $100 bills from the center console of his pickup truck and handed them to the confidential witness as payment for Dalrymple and the confidential witness to shoot up Monroe’s business.” That same confidential witness also said Marshall Swan told him a key part of Carole’s defense – that she was a battered wife – was a “show.”
Those statements were contained in the “Government’s First Memorandum in Aid of Sentencing,” a 36-page document recapping testimony largely from the two trials of Carole Swan that took place last summer in U.S. District Court in Bangor. The memo says the confidential informant returned to Monroe’s property on Aug. 2, 2012, apparently to threaten him by saying “he just got back into town after spending 15 years in prison in Vermont” and “would shoot anybody so that he did not have to go back.”
That information alleging retaliation against Monroe did not come out in any of the jury trails of Carole or Marshall Swan. In his sentencing memo, the prosecutor, Assistant U.S. Attorney Donald Clark, describes those events as he lays out a long list of lies, retaliation, witness tampering, and other activities he says should be taken into account when the Swans are sentenced later this year for various federal crimes. Clark filed the document Tuesday in U.S. District Court in Bangor.
On Sept. 17, 2013, a jury in federal court in Bangor convicted former Chelsea Selectwoman Carole Swan of three counts of extortion under color of official right, the wrongful taking by a public officer of money not due her or her office. She was accused of taking kickbacks from Monroe, who held the town’s sand and plow contracts. The extortion charges each carry a maximum prison term of 20 years and a fine of up to $250,000, plus restitution.
The verdict came at the end of a six-day trial and 33 months after Monroe first went to Kennebec County Sheriff’s Office deputies complaining that Swan was demanding $10,000 from him.
Monroe’s claim triggered official investigations into Swan’s other activities with the town as well as reviews of her personal finances.
A separate jury convicted Carole Swan, 55, on July 26, 2013, of falsifying five years’ worth of income tax returns by failing to declare $650,000 in income, and of defrauding the federal workers’ compensation program in 2008 and 2010. The tax convictions each carry maximum penalties of three years in prison, and the fraud convictions each carry maximum penalties of five years in prison.
However, that jury also cleared her of two additional charges of federal workers’ compensation fraud and of a charge of defrauding a federal program that paid most of the cost of the 2007 Windsor Road culvert replacement project done by Marshall Swan.
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