Date: 04-01-2013

Case Style:

Case Number: 6:05-cr-10053-JTM

Judge: JTM

Court: United States District Court for the District of Kansas (Sedgwick County)

Plaintiff's Attorney: Debra L. Barnett, Annette B. Gurney, Eric F. Melgren, Tanya S. Wilson

Defendant's Attorney: Steve Joseph and Chris McHugh

Description: Wichita, KS - The United States of America charged Max L. Ary with:

Count: 1 Citation: 18:1343.F Offense Level: 4
18:1343 Wire Fraud. (Indictment filed 4/6/05
Count: 10 Citation: 18:2314.F Offense Level: 4
18:2314 Unlawfully transport, transmit, transfer of stolen goods, wares and merchandise. (Indictment filed 4/6/05)
Count: 11 Citation: 28:2461C.F Offense Level: 4
28:2461 Criminal forfeiture. (Indictment filed 4/6/05)
Count: 2 Citation: 18:1341.F Offense Level: 4
18:1341 Mail fraud. (Indictment filed 4/6/05)
Count: 3 Citation: 18:641.F Offense Level: 4
18:641 Theft of government property. (Indictment filed 4/6/05)
Count: 4 Citation: 18:1341.F Offense Level: 4
18:1341 Mail fraud. (Indictment filed 4/6/05)
Count: 5 Citation: 18:2314.F Offense Level: 4
18:2314 Unlawfully transport, transmit, transfer stolen goods, wares and merchandise. (Indictment filed 4/6/05)
Count: 6 Citation: 18:1341.F Offense Level: 4
18:1341 Mail fraud. (Indictment filed 4/6/05)
Count: 7 Citation: 18:2314.F Offense Level: 4
18:2314 Unlawfully transport, transmit, transfer of stolen goods, wares and merchandise. (Indictment filed 4/6/05)
Count: 8 Citation: 18:641.F Offense Level: 4
18:641 Theft of government property. (Indictment filed 4/6/05)
Count: 9 Citation: 18:1343.F Offense Level: 4
18:1343 Wire Fraud. (Indictment filed 4/6/05
Count: 10s Citation: 18:2314.F Offense Level: 4
18:2314 Interstate transportation of stolen property. (Superseding Indictment filed 5/3/05)
Count: 11s Citation: 18:1957-3300.F Offense Level: 4
18:1957 Money laundering. (Superseding Indictment filed 5/3/05)
Count: 12s Citation: 18:641.F Offense Level: 4
18:641 Theft of government property. (Superseding Indictment filed 5/3/05)
Count: 13s Citation: 18:1343.F Offense Level: 4
18:1343 Wire Fraud. (Superseding Indictment filed 5/3/05)
Count: 14s Citation: 18:1343.F Offense Level: 4
18:1343 and 1346 Wire fraud. (Superseding Indictment filed 5/3/05)
Count: 15s Citation: 18:2314.F Offense Level: 4
18:2314 Interstate transportation of stolen property. (Superseding Indictment filed 5/3/05)
Count: 16s Citation: 18:1957-3300.F Offense Level: 4
18:1957 Money laundering. (Superseding Indictment filed 5/3/05)
Count: 17s Citation: 18:2314.F Offense Level: 4
18:2314 Interstate transportation of stolen property. (Superseding Indictment filed 5/3/05)
Count: 18s-19s Citation: 18:982.F Offense Level: 4
18:982 Criminal Forfeiture (Superseding Indictment filed 5/3/05)
Count: 1s Citation: 18:1343.F Offense Level: 4
18:1343 Wire Fraud. (Superseding Indictment filed 5/3/05)
Count: 2s Citation: 18:1341.F Offense Level: 4
18:1341 Mail Fraud (Superseding Indictment filed 5/3/05)
Count: 3s Citation: 18:641.F Offense Level: 4
18:641 Theft of government property. (Superseding Indictment filed 5/3/05)
Count: 4s Citation: 18:1341.F Offense Level: 4
18:1341 Mail Fraud (Superseding Indictment filed 5/3/05)
Count: 5s Citation: 18:1341.F Offense Level: 4
18:1341 and 1346 Mail fraud. (Superseding Indictment filed 5/3/05)
Count: 6s Citation: 18:2314.F Offense Level: 4
18:2314 Interstate transportation of stolen property. (Superseding Indictment filed 5/3/05)
Count: 7s Citation: 18:1957-3300.F Offense Level: 4
18:1957 Money laundering. (Superseding Indictment filed 5/3/05)
Count: 8s Citation: 18:1341.F Offense Level: 4
18:1341 Mail Fraud (Superseding Indictment filed 5/3/05)
Count: 9s Citation: 18:1341.F Offense Level: 4
18:1341 and 1346 Mail fraud. (Superseding Indictment filed 5/3/05)

The Government accused Ary, the former director of a museum called the Kansas Cosmosphere with wrongfully taking and selling space artifacts including a bag of moon rock and dust brought back from the moon by the Apollo 11 mission.


Docket Entries:

03/04/2013 178 MOTION to Amend/Correct 177 Order on Motion for Order, by USA as to Max L. Ary. (Attachments: # 1 Exhibit A)(Gurney, Annette) (Entered: 03/04/2013)
03/05/2013 179 ORDER MODIFYING ORDER (DOC. 177) AND ORDERING THE FORFEITURE OF PROPERTY AS SUBSTITUTE ASSETS granting 178 Motion to Amend/Correct as to Max L. Ary (1). Signed by District Judge J. Thomas Marten on 3/5/2013. (mss) (Entered: 03/05/2013)
03/07/2013 180 APPLICATION FOR WRIT OF CONTINUING GARNISHMENT to Garnishee Northwestern Mutual Investment by USA as to Max L. Ary (Wilson, Tanya) (Entered: 03/07/2013)
03/08/2013 181 WRIT OF CONTINUING GARNISHMENT ENTERED BY CLERK as to Max L. Ary: Garnishee: Northwestern Mutual Investment; writ issued to US Attorney. (Attachments: # 1 Instructions to Debtor)(alm) (Entered: 03/08/2013)
03/13/2013 182 APPLICATION FOR WRIT OF CONTINUING GARNISHMENT to Garnishee Mainstay Investments by USA as to Max L. Ary (Wilson, Tanya) (Entered: 03/13/2013)
03/14/2013 183 WRIT OF CONTINUING GARNISHMENT ENTERED BY CLERK as to Max L. Ary: Garnishee - Mainstay Investments; writ issued to US Attorney. (Attachments: # 1 Instructions to Debtor)(alm) (Entered: 03/14/2013)
03/20/2013 184 APPLICATION FOR WRIT OF CONTINUING GARNISHMENT to Garnishee Northwestern Mutual Wealth Management Company by USA as to Max L. Ary (Wilson, Tanya) (Entered: 03/20/2013)
03/20/2013 185 AMENDED WRIT OF CONTINUING GARNISHMENT ENTERED BY CLERK as to Max L. Ary: Garnishee - Northwestern Mutual Wealth Management Company; Writ issued to US Attorney. (Attachments: # 1 Instructions to Debtor)(alm) (Entered: 03/20/2013)
03/21/2013 186 APPLICATION FOR WRIT OF CONTINUING GARNISHMENT to Garnishee Northwestern Mutual Wealth Management Company by USA as to Max L. Ary (Wilson, Tanya) (Entered: 03/21/2013)
03/21/2013 187 SECOND AMENDED WRIT OF CONTINUING GARNISHMENT ENTERED BY CLERK: as to Max L. Ary ;Garnishee Northwestern Mutual Management Company ;writ issued to US Attorney. (Attachments: # 1 Instructions to Debtor)(aa) (Entered: 03/21/2013)
04/01/2013 188 ANSWER OF GARNISHEE to 187 , Writ of Continuing Garnishment, and 186 , Application for Writ of Continuing Garnishment, by Northwestern Mutual Wealth Management Company. (alm) (Entered: 04/02/2013)

Outcome: Ary was convicted and sentenced to serve two years in prison.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Note: The bag of moon dust that is referenced in this report was eventually inadvertently include in an auction of seized items by the United States Marshall's Service and was purchased by Nancy Carlson. She sent it to NASA in an effort to verify that it was truly rock and dust from the Moon. NASA verified that it was the bag brought back from the Moon, but refused to return it. Carlson sued NASA and won. See: Nancy Lee Carlson v. Charles Bolden and Ryan A. Zeigler