A Lovettsville woman serving seven years in federal prison for stealing more than $14 million from her banking clients is asking a judge to reevaluate her sentence.
Linda Speaks Tribby, 43, filed a petition in the U.S. District Court for the Eastern District of Virginia on Sept. 24, requesting that her sentence be vacated, set aside or corrected.
Tribby claims when she pleaded guilty on March 4, 2011, she did so under misrepresentation by her attorney. The plea, she says in her petition, was not a knowledgeable and voluntary plea.
Her attorney, Kenneth P. Troccoli, a federal public defender, was granted a request on June 12 to withdraw as her counsel, according to court records. She was then appointed a new pro bono attorney, Christopher D. Jackson, of Washington D.C.
However, Jackson on July 2, requested to withdraw as counsel as well, citing a conflict of interest.
There were no documents available proving that Tribby has been assigned a new attorney.
According to court records Tribby used her job as a business relationship manager at the then Wachovia Bank, now a Wells Fargo company in Purcellville, to conduct what prosecutors called an “elaborate and sophisticated scam” to steal money from her clients.
She was sentenced on June 3, 2011, to seven years in prison and ordered to pay $8,423,430.75 in restitution and serve four years of supervised probation upon her release.
In her brief to the U.S. District Court, Tribby says there was disparity in her sentencing as a first-time offender. Her sentence, she said, should have been lower despite U.S. District Judge Liam O’Grady deviating from the recommended sentencing guidelines of eight to 10 years.
In her brief to the court, Tribby says she believes her sentence should be lowered not only because she’s a first-time offender, but she has significant family that needs her assistance. She also goes on to say that she’s taken rehabilitative steps while incarcerated and continues to show she’s likely to better herself through available resources.
” … A defendant who showed that recidivism was extremely unlikely and a defendant who accepted responsibility and showed deep remorse,” the brief says.
She believes she’s entitled to a new sentencing hearing.
Tribby was arrested in January 2011, but at that point, the total she was accused of stealing was nearly $8 million, several million less than she eventually pleaded guilty to.
Federal documents say Tribby, who worked for Wells Fargo and its predecessors for more than 25 years, had known the victim, referred to as MDM, since about 1994.
The affidavit states that in or about 2003, Tribby told MDM about a wealth management account product offered by Wachovia where the account holder did not have to pay federal taxes on the account earnings. MDM opened up one of these accounts through Tribby and received quarterly statements in the mail about this account from Tribby.
The affidavit gives details of six transactions from January 2010 to January 2011 that totaled $7,993,000. MDM told Tribby to transfer the funds to her wealth management account, but the funds ended up going into other accounts with the following names: Virginia Gentleman Auctioneering Firm; Majestic Premo Enterprises; and Sight, Sound, & Smile Association. Tribby was a signor or co-signor on the all of these accounts.
In court March 4, 2011, Tribby admitted that MDM was not the only person she had fooled with this scheme from December 2003 through in or about January 2011.
According to court documents, Tribby obtained at least $14,169,878.04 for personal use in the scheme against her victims. Using the proceeds of the crime, Tribby purchased, among other things, a house in West Virginia, about 200 acres of land in New York on which she built a hunting cabin, a lake house in New York, approximately 100 acres of land in Nevada, several automobiles, a luxury motor home and a helicopter.
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