FILE

U.S. DISTRICT COURT

MIDDLE DISTP UCT OF TENN.

UNITED STATES DISTRICT COURT FOR

THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
6Y

UNITED STATES OF AMERICA

V.

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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.

On or about September 2, 2010, defendant TERRY McBURNEY submitted an

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.

On or about September 2, 2010, defendant TERRY McBURNEY represented on a

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.

On or about December 16, 2010, defendant TERRY McBURNEY submitted an

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.

Case 3:16-cr-00230 Document 3 Filed 11/16/16 Page 1 of 8 PageID #: 4

On or about May 20, 2011, defendant TERRY McBURNEY obtained Tennessee

Peace Officer Standards and Training Commission certification.
6.

On or about May 21, 2012, defendant TERRY McBURNEY represented on a

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 1, 2013, TERRY McBURNEY received $600 in supplemental

payment for his Peace Officer Standards and Training certification.

8.

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.

On or about May 22, 2015, TERRY McBURNEY received $600 in supplemental

payment for his Peace Officer Standards and Training certification.

10.

On or about September 17, 2015, defendant TERRY McBURNEY filed an

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.

On or about December 8, 2015, a CIS adjudication officer interviewed defendant

TERRY McBURNEY regarding his naturalization application. Defendant TERRY McBURNEY

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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

allegiance and was naturalized as a United States citizen.

14.

On or about June 3, 2016, TERRY McBURNEY received $600 in supplemental

payment for his Peace Officer Standards and Training certification.

15.

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.

Paragraphs 1-15 of COUNT ONE of this Indictment are hereby incorporated by

reference as if fully set forth herein.

2.

On or about December 8, 2015, in the Middle District of Tennessee, TERRY

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

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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.

Paragraphs 1-15 of COUNT ONE of this Indictment are hereby incorporated by

reference as if fully set forth herein.

2.

Beginning on or about December 16, 2010, and continuing until on or about

February 24, 2016, in the Middle District of Tennessee, TERRY

McBURNEY devised and intended

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.

It was part of the scheme that

TERRY McBURNEY

sought to deceive the

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.

TERRY McBURNEY obtained Tennessee

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.

It was further part of the scheme that

TERRY WBURNEY

sought to deceive

Rutherford County by claiming to be a United States citizen on an application for employment to

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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

District of Tennessee and elsewhere,

TERRY McBURNEY, for the purpose of executing the

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

Payment of salary in the amount of $1,712.22, electronically

transferred by wire from Suntrust Bank whose servers are located in
Atlanta, Georgia, to Fifth Third Bank account #XXX0436 in
Tennessee

FIVE

November 7, 2014

Payment of salary in the amount of $1,648.80, electronically

transferred by wire from Suntrust Bank whose servers are located in
Atlanta, Georgia, to Fifth Third Bank account #XXX0436 in
Tennessee

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ITEM WIRED

DATE

COUNT

May 22, 2015

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

SEVEN

November 6, 2015

Payment of salary in the amount of $1,696.61, electronically

transferred by wire from Suntrust Bank whose servers are located in
Atlanta, Georgia, to Fifth Third Bank account #XXX0436 in
Tennessee

EIGHT

February 12, 2016

Payment of salary in the amount of $1,806.91, electronically

transferred by wire from Suntrust Bank whose servers are located in
Atlanta, Georgia, to Fifth Third Bank account #XXX0436 in
Tennessee

June 3, 2016

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

SIX

NINE

All in violation of Title 18, United States Code, Section 1343.

FORFEITURE ALLEGATION
1.

The allegations contained in this Indictment are re-alleged and incorporated by

reference as if fully set forth in support of this forfeiture.

2.

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)

any conveyance, including any vessel, vehicle, or aircraft used in the

commission of the offense; and any property real or personal that
constitutes, or is derived from or is traceable to the proceeds obtained
directly or indirectly or that is used to facilitate, or is intended to be used

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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)

any property, real or personal, which constitutes of or is derived from

proceeds traceable to a violation of the offense, including but not limited
to a money judgment in the amount of at least $8,664.54 United States
currency, representing the proceeds of the scheme and artifice to defraud
as set forth in this Indictment.

4.

If any of the property described above, as a result of any act or omission

of defendant TERRY McBURNEY:

a.

cannot be located upon the exercise of due diligence;

b.

has been transferred or sold to, or deposited with, a third party;

C.

has been placed beyond the jurisdiction of the court;

d.

has been substantially diminished in value; or

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

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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

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