UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

UNITED STATES OF AMERICA

v. Cr. No. 

KURT D. SANBORN

INFORMATION

The United States Attorney charges:

1. From in and around January 2003, to in and around February

2004, in the District of New Hampshire and elsewhere, the

defendant,

KURT D. SANBORN,

knowingly devised and intended to devise a scheme and artifice to

obtain money by means of false and fraudulent pretenses,

representations and promises; and in furtherance thereof,

transmitted and caused to be transmitted in interstate commerce, by

means of wire communication certain signs, signals and sounds, in

violation of 18 U.S.C. § 1343.

2. In 2002, the owner of Diamond Action, Inc. (“DAI”), was

given authority to construct a ball park for a professional minor

league baseball team in Manchester, New Hampshire.

3. DAI’s owner hired the defendant, KURT SANBORN, d/b/a

Sanborn Group, Inc. (“SGI”), to, among other things, collect

invoices from contractors who participated in the construction of

the ball park.

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4. The invoices were paid by checks that were issued from

bank accounts to which money devoted to the construction of the

ball park was deposited. The checks were given to SANBORN, who

deposited them to a bank account he established for SGI at

Enterprise Bank (“SGI’s account”).

5. While performing those duties, SANBORN stole $119,500 when

he submitted invoices to DAI’s owner from two fictitious

contractors, Environmental Solutions and CS Drilling; deposited the

checks that were issued to pay those invoices to SGI’s account; and

used the proceeds from the deposits for his personal benefit.

6. SANBORN stole an additional $164,600 when he submitted

counterfeit invoices to DAI’s owner from two contractors, Derry

Engineering and TF Moran, for services that were not performed;

deposited the checks that were issued to pay those invoices to the

SGI account; and used the proceeds from the deposits for his

personal benefit.

7. SANBORN also stole $9,450 when he submitted a legitimate

$53,450 invoice to DAI’s owner from a contractor, Kimball Chase;

deposited the check that was issued to pay that invoice to SGI’s

account; issued a check in the amount $44,000 to Kimball Chase; and

used the remaining funds for his personal benefit.

8. In 2004, DAI’s owner hired a law firm to determine whether

money that belonged to Diamond Action, Inc., had been misused.

During the investigation, the law firm asked SANBORN to provide

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documentation to prove he made the following payments on behalf of

Diamond Action, Inc.:

 Payee Amount of Payment

Environmental Solutions $24,665.00

Environmental Solutions $8,655.00

Derry Engineering $13,600.00

Kimball-Chase $54,000.07

Harvey Construction $11,081.90

9. SANBORN responded to that inquiry on or about February 20,

2004, by causing copies of the following fraudulent checks (i.e.,

checks that were altered by SANBORN to make them appear to be

legitimate, but which were not delivered to the payees) to be sent

by facsimile from his office in Rhode Island to the law firm’s

office in New Hampshire:

Date of Check

 Check Number Payee Amount of Check

03/20/03 1430 Environmental Solutions $24,665.00

05/09/03 1496 Derry Engineering $13,600.00

05/09/03 1497 Environmental Solutions $8,665.00

08/08/08 1877 Kimball-Chase $54,000.00

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

1343.

Thomas P. Colantuono

United States Attorney

September 30, 2008 By: /s/ Robert M. Kinsella

Robert M. Kinsella

Assistant U.S. Attorney

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