A former XTO Energy landman was sentenced to five years in federal prison on Thursday for spearheading a scheme that defrauded his former employer for more than $1 million.
According to the U.S. Attorney’s Office, Steven E. Fisackerly, 33 of Texas, was sentenced by U.S. District Judge Terry R. Means to 63 months in federal prison and ordered to pay $1,005,131.00 in restitution.
Fisackerly pleaded guilty in May 2015 to one count of mail fraud.
According to documents filed in the case, Fisackerly admitted to devising and running a scheme to defraud XTO Energy while working at the company as a landman in the Marcellus Shale wells in West Virginia.
Fisackerly, who worked at XTO from September 2008 until March 2012, admitted to using his knowledge of XTO’s oil and gas lease process and his access to company computers and public record databases to create bogus oil and gas leases.
He also altered and falsified existing information to generate bogus documents, the U.S. Attorney’s Office said.
In January 2009, Fisackerly selected an XTO oil and gas lease packet from a legitimate landowner, J.G. Fisackerly, and altered the lease packet to show that another individual, referred to as E.C. by the U.S. Attorney’s Office, was the landowner.
Fisackerly then prepared and organized the false oil and gas lease documentation under E.C.’s name and routed the lease packet to management for approval.
Once approved, XTO issued bonus check for $180,402.50 to E.C. that Fisackerly then obtained.
That check was deposited into a bank account controlled by E.C., and E.C. wrote two personal checks, totaling $130,000, to Fisackerly from that account.
Fisackerly also created a sham company, Parallel Interests, LLC, and listed himself as the full owner of the firm as well as creating a bank account tied to the firm in December 2010.
The U.S. Attorney’s Office said Fisackerly also created false oil and gas leases and lease packets in the name of Paul Hinkle, President of Parallel Interests, and executed the documents with a forged notary stamp.
He also created fraudulent deeds and Harrison County Clerk reference numbers for supporting documentation and provided a nonexistent Post Office Box as the mailing address for the bonus checks as well as organizing fraudulent documentation and approving the order of payments.
Once the lease packets were routed to XTO’s Land Department, Fisackerly obtained bonus checks for Parallel Interests, the U.S. Attorney’s Office said.
Those checks were routed back to Fisackerly, who then deposited them into the Parallel Interest bank account he controlled.
During the course of the scheme, Fisackerly engaged in approximately nine fraudulent transactions, causing XTO to issue checks totaling $1,005,131.00, the government said.
Fisackerly must surrender to the Bureau of Prisons on January 4, 2016.