INDICTMENT THE STATE OF MISSISSIPPI COUNTY OF MADISON vs. CAUSE NO. W. DAVID WATKINS Indictment for the offense of: FRAUD BY MAIL OR OTHER MEANS OF COMMUNICATION, Miss. Code Ann., as amended, § 97-19-83 - 1 Count EMBEZZLEMENT, Miss. Code Ann., as amended, § 97-11-25 - 1 Count MULTI-COUNT INDICTMENT, Miss. Code Ann., as amended, § 99-7-2 IN THE CIRCUIT COURT OF MADISON COUNTY, JUNE TERM, 2017, RECALLED ON OCTOBER 18, 2017 The Grand Jurors of the State of Mississippi, taken from the body of good and lawful citizens of Madison County, elected, summoned, impaneled, sworn and charged to inquire in and for the body of the County aforesaid, at the term aforesaid of the Court aforesaid, in the name and by the authority of the State of Mississippi, upon their oath present: COUNT I That W. DAVID WATKINS, on or about the 2nd day of June, 2011, in the County and State aforesaid, did willfully, unlawfully and feloniously, having devised a scheme or artifice for obiaining money by means of false pretense or false representation, and for the purpose of executing such scheme or artifice, transmit or cause to be transmitted by telephone, wire or other means of communication, across county or state jurisdictional lines, from Hinds County, Mississippi, to Madison County, Mississippi, certain documents, to wit, Requisition Number 3 on Mississippi Business Finance Corporation Taxable Revenue Bonds, Series 2011, for which BankPlus bank at 1018 Highland Colony Palrway, Ridgeland, Mississippi, served as Trustee, representing that all said funds were for Construction Costs, in violation of Mississippi Code of 1972, Annotated, as amended § 97-19-83; contrary to the form of the statute in such eases made and provided, and against the peace and dignity of the State of Mississippi; and, COUNT IL That W. DAVID WATKINS, based on a series of acts connected together and constituting a common scheme or plan, in the County and State aforesaid, on or about the 8th day of June, 2011, in the County and State aforesaid, being a person undertaking to act for others and intrusted by them with business of any kind or with money did willfully, unlawfully and feloniously, convert to his own use any money or other valuable thing, to-wit, $587,084.34in currency representing bond proceeds from Mississippi Business Finance Corporation Taxable Revenue Bonds, Series 2011, for which BankPlus bank at 1018 Highland Colony Palrway, Ridgeland, Mississippi, served as Trustee, which currency was the lawful property of Retro ‘Metro LLC, which came into the possession of W. DAVID WATKINS by virtue of his office as Managing Member of Retro Metro LLC, and which valuable thing he did not retum to Retro ‘Metro LLC, in violation of Mississippi Code of 1972, Annotated, as amended, § 97-11-25 and § 99-7-2; contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State of Mississippi. Endorsed: A True Bill C Bre het Aiea Fon tlie Grand Jury Special Assistant Attorney General AFFIDAVIT COMES NOW the Foreperson of Madison County Grand Jury, and makes oath that this indictment presented to this Court was concurred in by twelve (12) or more members of the Grand Jury and that at least fifteen (15) members thereof were present during all deliberations. Cosel Quek CINDY RK FOREPERSON OF THE GRAND JURY SWORN 'TO AND SUBSCRIBED before me on this, the _2H4 day of October, A.D., 2017. ANITA WRAY, CIRCUIT CLERK